A COVID-19 flexibility schedule has been inserted to the Hospitality Industry (General) Award 2010, with changes including:

  • Employers may direct an employee to perform where necessary, any duties within their skills, licences and qualifications and competencies regardless of their classifications. In cases where this results in an employee performing a higher classification, employees will be paid in accordance with the higher duties provisions of the Award.
  • A full-time employee may be directed to work an average between 22.8 and 38 ordinary hours per week. In such case the employee will be paid on a pro-rata basis, with overtime to be applied on a pro-rata basis.
  • Employees who are engaged as part time employees may be directed to work an average of between 60% and 100% of their guaranteed hours per week or an average per week over the roster cycle.
  • Employers may, subject to considering an employee’s personal circumstances, direct an employee to take annual leave with 24 hours’ notice.

Employers must: 

  • follow the consultation provisions set out in the Award;
  • for employees who are union members, notify the United Workers Union of the employer’s intention to implement the changes;
  • allow employees to accrue their annual leave and personal leave entitlements (and any other applicable accruals) based on the employee’s ordinary hours of work prior to entering into the flexibility arrangement; and
  • allow employees to take periods of leave based on the ordinary hours of work prior to the commencement of the schedule.
 
The provision will expire on 30 June 2020 though there is a possibility of further extension.

Consultation is underway about changes to other key modern awards. We will keep you updated as we hear about any changes.

If you have any queries about this or any other employment law matter please contact our employment law team here.