Restaurants,
&c., Employees
(State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 625 of 2007)
|
Before Commissioner
McLeay
|
3 October 2007
|
REVIEWED
AWARD
1. Delete the
words "for consumption" in
subclause 2.6 of clause 2, Definitions of the award published 19 January 2001
(321 I.G. 759) and insert in lieu thereof the following:
"for consumption"
2. Include a full
stop after the word "foodstuffs" in paragraph 3.1.2 of clause 3,
Classification Structure.
3. Delete
paragraph 3.1.2 of clause 3, and insert in lieu thereof the following:
3.1.2 GRADE 2 is an
employee who is primarily engaged in one or more of the following:
"Heating pre prepared meals and/or preparing
simple food items, such as sandwiches, salads and toasted foodstuffs.
Undertaking general waiting duties of both food and/or
beverages, including cleaning of restaurant equipment, preparing tables and
sideboards, clearing tables, taking customer orders at a table.
Taking orders by telephone or whilst stationed at a
fixed ordered point, serving food and/or beverages to tables.
Service from a snack bar, buffet or meal counter.
Receipt of monies, giving change, operation of cash
registers, and use of electronic swipe input devices.
Greeting and seating guests under general supervision.
Supplying, dispensing or mixing of liquor, including
cleaning of bar areas and equipment, preparing the bar for service, taking
orders and serving drinks and assisting in the cellar.
Receiving, storing and distributing goods not involving
the extensive use of documents and records.
Attending a cloakroom.
Laundry and specialised cleaning duties involving the
use of specialised cleaning equipment and/or chemicals.
Allocated building, maintenance and/or gardening
duties."
4. Delete
subclause 4.2 of clause 4, Terms of Employment and insert in lieu thereof the
following:
4.2 Upon engagement an employee shall be informed
of:
5. Delete paragraph
4.2.7 of clause 4, and insert in lieu thereof the following:
4.2.7 Whether the
employee start work on probation (not applicable to apprentices or trainees).
6. Delete the word
"if" in paragraph 5.10.1 of clause 5, Hours and insert in lieu
thereof the following:
"If"
7. Delete the word
"work" in subclause 8.4 of clause 8, Casual Employees, and insert in
lieu thereof the following:
"works"
8. Delete
subclause 11.1 of clause 11, Overtime, and Penalty Rates, and insert in lieu
thereof the following:
11.1 If the employer
requires an employee to work:
11.1.1 overtime
being for full time employees more than 38 hours per week or the employer may
average these hours over up to a 4 week period (except if the employee is a
seasonal employee),
11.1.2 overtime
being for part time employees more than 128 hours in a 4 week period (except if
the employee is a seasonal employee),
11.1.3 overtime
being more than the ordinary daily working hours set out in subclause 5.4,
11.1.4 on a Saturday
(except if the employee works a regular night shift referred to in clause
11.2),
11.1.5 on a Sunday, or
11.1.6 on a public
holiday
the employer will pay the employee extra wages (called
a penalty) being:
in the case of 11.1.1 and 11.1.2 time and one half of
the ordinary rate of pay for the first 2 hours worked and after that double
time,
in the case of 11.1.3 double the ordinary rate of pay
for an overtime worked,
in the case of Saturday work time and a quarter of the
ordinary rate of pay for all time worked,
in the case of Sunday work time and a half of the
ordinary rate of pay for all time worked, and
in the case of public holidays work two and a half
times the ordinary rate of pay for all time worked."
9. Delete the
reference "6.00am." in subclause 11.2 of clause 11, and insert in
lieu thereof the following:
"6.00am,"
10. Include a colon
after the word "employee" in subclause 14.1 of clause 14,
Apprentices.
11. Delete clause
25, Blood Donors and insert in lieu thereof the following:
25. Blood Donors
If an employee wishes to donate blood, the employee may do
so during working hours without loss of pay provided that:
25.1 The time and day
selected meet with the employer's convenience and does not unduly disrupt the
employers operations.
25.2 The employee is
able to donate blood at a place within 5 walking minutes of the restaurant.
25.3 The employee must
provide the employer with proof that the employee donated blood.
25.4 This entitlement
is limited to a maximum of 2 hours on no more than 3 occasions in any one year
of employment.
12. Delete subclause
33.4 of clause 33, Area, Incidence and Duration and insert in lieu thereof the
following:
33.4 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 3 October 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.