Motels, Accommodation and Resorts, &c. (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch, Industrial Organisation of Employees.

 

(No. IRC 1323 of 2009)

 

 

VARIATION

 

1.        Delete subclause 12.2 clause 12, Classifications and Wage Rates, of the Award published 31 August 2001 (327 I.G. 244)and insert in lieu thereof the following:

 

12.2    Minimum Rates of Pay

 

 

2.        Delete subclause 12.4 of the said clause 12, and insert in lieu thereof the following:

 

12.4    The rates of pay in this award include the adjustments payable under the State Wage Case 2009. These adjustments may be offset against:

 

(a)      any equivalent over award payments, and/or

 

(b)      award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

3.        Delete Clause 16 Allowances, and insert in lieu thereof the following:

 

16.  Allowances

 

16.1    Meal Allowance

 

16.1.1 A full time or regular part-time employee required to work overtime for more than two hours without being notified on the previous day or earlier that he or she will be so required to work shall either be supplied with a meal by the employer or paid $12.30 meal money.

 

16.1.2 If an employee pursuant to notice has provided a meal and is not required to work overtime or is required to work less than the amount advised, he or she shall be paid as above prescribed for the meal which he or she has provided but which is surplus.

 

16.2    Broken periods of work allowance

 

16.2.1 A full time or regular part-time employee who has a broken work day shall receive an additional allowance for a spread of hours prescribed as follows:

 

 

16.3    Penalty rates not cumulative

 

Except as provided in clause 19, Meal Breaks of this award where time worked is required to be paid for at more than the ordinary rate, such time shall not be subject to more than one penalty, but shall be subject to that penalty which is to the employee's greatest advantage.

 

16.4    Board and lodging

 

16.4.1

 

(a)      Where board and residence is made available to adult employees the employer shall have the right to deduct from the pay of the employees residing on the premises an amount of $136.40 per week of seven days.

 

(b)      Provided that where an adult employee is required to share a room for lodging, the amount to be deducted from the pay of the employee for lodging shall be $134.60 per week of seven days.

 

16.4.2

 

(a)      Where lodging only is made available to adult employees, the employer shall have the right to deduct from the pay of the employee residing on the premises the sum of $130.10 per week of seven days.

 

(b)      Provided that where an adult employee is required to share a room for lodging, the amount to be deducted from the pay of such employee for lodging, shall be $129.75 per week of seven days.

 

16.4.3 In the case of employees who do not reside on the employer's premises a deduction at the rate of $7.35 for each meal supplied and consumed during the employee's spread of working hours may be deducted by the employer.

 

16.4.4 The rates for board and lodging for adults shall be increased or decreased by 21 cents, for each meal by one cent, for every 50 cents per week alteration in the rate of classification Hospitality services grade 1 in clause 12 - Classification and wage rates.

 

16.4.5 Junior employees receiving adult rates of pay as prescribed in this Award shall be subject to the deductions applicable to adults prescribed in this clause.

 

16.4.6 Junior employees receiving junior rates of pay shall be subject to a deduction at the rate of 50 cents for each meal supplied and consumed during the employee's spread of working hours.

 

16.5    Laundry allowance

 

Where any employee is required to wear a special uniform such uniform shall be provided and laundered by the employer free of cost to the employee or if mutually agreed that the employee shall launder such uniform the employer shall pay the employee $2.50 for each uniform so laundered with a maximum of $7.80 per week.

 

16.6    Clothing, equipment and tools

 

16.6.1 Where it is necessary that an employee wear waterproof or other protective clothing such as waterproof boots, aprons, or gloves, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the special clothing is supplied without cost to the employee. Where protective clothing is supplied without cost to the employee , it will remain the property of the employer. In the event of a dispute, the necessity for the provision of protective clothing may be determined by the Motels, Accommodation and Resorts, &c., Employees (State) Industrial Committee.

 

16.6.2 Where the employer requires an employee to provide and use any tools, brushes, knives, choppers, implements, utensils and materials, the employer must reimburse the employee for the cost of purchasing such equipment. The provisions of this clause shall not apply where the employer supplied such items without cost to the employee.

 

16.6.3 An employer may require an employee on commencing employment to sign a receipt for item/s of uniform and property. This receipt must list the item/s of uniform and the value of them. If, when an employee ceases employment the employee does not return the item/s of uniform and property (or any of them) in accordance with receipt the employer will be entitled to deduct the value as stated on the receipt from the employees wages.

 

16.6.4 In the case of genuine wear and tear, damage, loss, or theft that is not the employee's fault the provision of 16.6.3 will not apply.

 

16.6.5 Any disagreement concerning the value of item/s of uniform and any other aspect of this clause shall be determined by the Motels, Accommodation and Resorts, &c., Employees (State) Industrial Committee.

 

16.7    Travelling, transport and fares

 

16.7.1 Where an employee is detained at work until it is too late to travel by the last ordinary train, tram, vessel or other regular conveyance to his or her usual place of residence the employer shall either provide proper conveyance or provide accommodation for the night free of charge.

 

16.7.2 If an employee is required to start work before his ordinary commencing time and before the first ordinary means of conveyance (hereinbefore prescribed) is available to convey him or her from his or her usual place of residence to the place of employment, the employer shall provide a conveyance or pay the cost thereof.

 

16.7.3 Where a full time or regular part-time employee is engaged for work outside a distance of 44 kilometres from the place of engagement he or she shall be paid all fares actually and necessarily incurred in travelling from the place of engagement to the place of employment; provided that if the employee leaves his or her place of employment or is dismissed for misconduct within a period of three months of the date engagement, the employer may recover from the employee the fare paid on engagement.

 

16.8    Overnight Stay

 

Where the employer requests and an employee agrees to stay overnight on the employer's premises for a period outside that of the employee's normal rostered hours of duty, the following arrangements shall apply:

 

16.8.1 An employee shall be entitled to an amount of $41.40 per overnight stay period.

 

16.8.2 This payment shall be deemed to provide compensation for the overnight stay and also includes compensation for all work necessarily undertaken by an employee up to a total of one hour's duration.

 

16.8.3 Any work necessarily performed during an overnight stay period by the employee in excess of a total of one hour's duration shall be paid for at the rate of time and one half.  The payments referred to above shall not extend beyond the period of the overnight stay.

 

16.8.4 Any time worked under 16.8.2 or 16.8.3 shall not be taken into account for the purposes of Clause 8 - Types of Employment, Clause 18 - Hours of Work or Clause 20 - Overtime of this award.

 

16.8.5 An employee required to stay overnight in accordance with this clause without being notified on the previous day or earlier that he or she will be so required shall either be supplied with a meal by the employer or paid $11.50 meal money.

 

4.        Delete subclause 18.8, Work Outside Daily Hours, of clause 18, Hours of Work, and insert in lieu thereof the following:

 

18.8    Work Outside Daily Hours

 

18.8.1 Full time or regular part-time employees who are required to work any of their ordinary hours outside the hours of 7.00 a.m. to 7.00 p.m. on Monday to Friday inclusive, shall be paid $1.69 per hour, or part thereof, for any such time worked outside the said hours with a minimum payment of $2.58 for any one day.

 

5.        This variation shall take effect on and from the first full pay period to commence on or after 30 October 2009.

 

 

 

 

D. S. McKENNA, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.