Week (3&4)

EmploymentCasual Work

Often temporary work which does not offer the protection of a permanent job.

Casual employees are not usually entitled to benefits associated with continuous employment - although they are often entitled to a 'loading' on top of the rate for permanent workers.

This is designed compensate for missing out on sick leave, holiday pay and other benefits.

Cont.Full-time Employment

Traditionally means a 'regular job'. Work that is about eight hours a day, five days a week and forty-eight weeks of the year with four weeks paid leave.

Part-time workA potent force in Australian industry; especially as many part-time jobs are in the fast growing services sector.

Part-time workers are permanent employees who have a set number of weekly working hours. Many part-time workers receive benefits like those of full-time workers on a proportional or pro rata basis.

LeaveAnnual Leave

Paid leave which is usually four weeks each year. In most cases you are eligible for annual leave after twelve months of continuous service with one employer.

Penalty rateA higher rate of pay which compensates for work done outside usual hours such as late at night or on public holidays.

AwardAward

A legal document which specifies the minimum conditions under which you are employed.

It covers matters like wages, holidays, sick leave and overtime.

Awards sometimes also set out the basic requirements of things like maternity leave.

Employers must abide by the conditions of the award because it is a legal document.

Learner Resources 6

Some Matters that are covered by State and Federal Award Conditions

Wage ratesSpecial allowances for penalty ratesOvertime ratesHours of workHolidaysTermination of employmentJunior employees and apprentices

cont . .

Learner Resources 7

Sick leaveMaternity leaveAnnual leaveDefinitions of employment status

(Grades etc.)Types of employment (Full time, Casual,

Part time)

An award is a legally binding document at either State or Federal Level

Cont.

Equal OpportunityThe law in Australia which says that everyone who has the necessary skills, experience and qualifications to do a job should be given an equal chance of getting that job.

Lieu daysDays granted as leave in the place of extra payments for such things as overtime.

Also known as TOIL (Time Off In Lieu).

Sick leaveMulti-skilling

Means training an employee to cover a range of different jobs in one workplace.

Sick leaveWhat is sick leave?

Sick leave is paid leave granted by an employer to an employee for a period of time during which the employee is unable to attend work due to any illness or incapacity.

Cont.

Minimum sick leave entitlementsUnder the Act all eligible employees are

entitled to be paid:for each period of employment of less than a

year - at least one ordinary working day sick leave for each completed 6 weeks of employment; or

at least eight ordinary working days (or the equivalent number of working hours) sick leave for each completed year of employment.

Cont.Sick leave conditions An employee's entitlement to sick leave depends

on the following conditions being met:An employee must promptly notify their

employer of the illness or incapacity and of the estimated duration of the absence.

Where the absence extends more than two days, the employee is required to give the employer a doctor's certificate outlining the nature of the illness and the approximate period of absence.

Failure to comply with these conditions can jeopardise an employee's entitlement to sick leave

Cont.

When annual leave is payable on termination

All annual leave owing is payable on termination, except where the employee is transferred from one employer to another.

If an employee has not taken all annual leave they are entitled to at the time of termination they are presumed to have taken their leave from the date of termination.

Day off

Employees shall be allowed two full days off duty each week.

Two weeks' notice of a rostered day or days or shall be given provided that the rostered day or days off may be changed by mutual consent, at any time.

RosterEmployees shall be given a regular starting

time and ceasing time for each day. Such times shall not be changed except upon

two weeks' notice; provided that when such change is rendered necessary by the absence of other employees twenty-four hours' notice of such change shall be sufficient notice.

For the purpose of this subclause "absence" shall not include the dismissal of other employees.

Meal Break• Meal Break• An employee who is engaged to work five hours

or more shall be given a meal break of between 30 minutes and one hour.

• This meal break shall be given after working not more than five hours.

• The first meal break taken on any shift shall be unpaid.

Overtime

OvertimeThe time worked before or after your regularly scheduled working hours.

When there were very few rules about how long people were required to work, the trade union movement campaigned for shorter working hours.

Their catch cry was `8 8 8' - that's eight hours work, eight hours play and eight hours sleep.

So began the idea that if you were required to work more than eight hours in one day you should get paid more for the extra hours.

WageSalary

A payment received by an employee for regular work.

A salary is usually calculated as the amount an employee earns in an entire year, and is usually paid in fixed fortnightly or monthly amounts.

WagePayment for work or services, by the week, day or by the individual job performed.

Workers compensation

Workers compensationA payment from an employer to an employee for injuries of illness caused at work. Workers compensation is compulsory for all employers in Australia.

Back pay is money that is owed to an employee for work already done.

If your employer has been under paying you and must pay you the difference, this is called ‘back pay’.

Things like overtime and sick leave can affect how much money you receive in your pay each week.

For example, if you left your job and had not taken any annual leave, then the money you are owed as part of your annual leave basically becomes ‘back pay’ that you are owed once you have stopped working.

cont. (Questions & Answers)Casual work is much the same as part-time work but you

don't have a permanent weekly roster or receive the same entitlements as part-timers.

Therefore you may get less shifts (or go for weeks without a shift) and are not entitled to maternity leave, paid sick leave, annual leave and redundancy payments.

What is the minimum number of hours I have to be given each week?

Zero. Some casuals mistakenly think they are entitled to a minimum of three hours a week.

This is not so. Your hours will depend on the demand for work. This means you could work 15 hours one week and none the next.

What is the minimum number of hours per shift?

Three hours for retail stores and two hours for fast food stores.

rates Why is my hourly rate higher than the part-time and full-time

rates?

As a casual, you receive what is called "casual loading". As casuals are not usually entitled to benefits associated with continuous employment, they are often entitled to this loading.

This is designed to compensate for missing out on sick leave, holiday pay and other benefits.

Am I entitled to workers compensation?

Yes. All workers injured at work or in transit to or from work are covered.

How much notice do I have to give to resign?

You are employed on an hourly basis, so you only need to give one hour's notice.

Should I receive superannuation?

The law requires employers to pay an extra 9% in superannuation to employees who:

earn at least $450 per month; and if aged below 18, work at least 30 hours a week.

Superannuation

Superannuation is the money put aside during your working life for use when you retire.

Your employer must contribute an extra amount equal to 9% of your pay into a superannuation fund.

Superannuation is an additional benefit on top of a wage or salary. It is NOT taken out of your pay.

Cont.Superannuation is a way of saving money to

support yourself after you have retired from work.

when you earn more than $450 a month, your boss is legally required to deposit an amount equal to 9% of your wage into a superannuation fund.

This grows during your working life and earns interest, so you have money available to you when you reach official retirement age.

RESPONSIBILITIES OF EMPLOYEES

• To act in your employer’s best interest

• To be accountable to your employer

• To follow your obligations under OH&S laws

• To keep secret any trade secrets or activities

• To perform duties and requests relevant to your statement of duties or job description

• To conduct yourself with skill and care when performing your duties

 

What are my basic entitlements4 weeks annual holidays each year ♦ a minimum of 5 days sick leave each year, which

can be used when the employee is too ill to work or when it is necessary to look after ill family members

♦ Parental leave, which is usually unpaid leave available when an employee becomes a parent or adopts a child

♦ Two months paid long service leave after 10 years’ service Your entitlements will depend on whether you are employed on a permanent, part-time, temporary or casual basis.

NSW laws also permit all employees to choose whether or not to join a union.

Your rights at work• Be paid a wage or salary. Your contract or

award must determine this. • Act upon decisions about your conditions

i.e., wages • Join a trade union if you want to • Claim for compensation in the case of an

accident at work. This is under Worker’s Compensation laws.

• A safe workplace – this is a requirement of OH & S laws.

• Refuse to do things that you believe to be against the law; discriminatory or dangerous.

How do I find out what I should be paid?Pay Scale Summaries for more than 400 of the

most commonly used awards are available on the Fair Work Online website www.fairwork.gov.au.

These summaries have been adjusted to take account of the AFPC's 2009 general Wage-Setting Decision.

Further information about finding the right pay can be found by calling the Fair Work Infoline on 13 13 94.

week (4)

Hospitality laws Australia is a democracy headed by the Prime

Minister, who is responsible to the Australian Parliament.

All powers not delegated to the Federal Government are reserved for the States.

Our laws are a set of principles, rules & standards established by parliament and enforced by the courts for the regulation of behaviour in society, and the protection of members of society and their property.

There are three level of government in Australia:

Commonwealth GovernmentState GovernmentLocal Government

The Federal or Commonwealth Government makes laws and has powers that apply to the country as a whole. Issues such as defence, customs and excise are commonwealth issues to name just a few.

Where the laws exist, the various States in Australia are not permitted to establish their own. However there are cases when both the Commonwealth and the States make laws on the same issues, eg. Industrial relations and taxation. If there is a conflict over the power of those laws, the Commonwealth overrides the power of the State. If there is an issue where no Commonwealth law exists the States are free to legislate.

The Commonwealth Government makes and administers laws covering issues such as immigration ie. Work permits, taxations (personal and wholesale taxes), duty and excise, and communication (broadcasting and telecommunications

Each State Government is headed by a premier; in the Northern Territory and the ACT, it is the Chief Minister.

Each makes and administers laws covering licensing and education, ie. Schools, vocational education and training.

There are two houses of State Government (the Upper House and the Lower House) in every State except Queensland, which only has one.

Within each State, there is a Local Government that looks after smaller areas or communities and is responsible for traffic and building regulations, maintenance of streets, bridges, local roads, water and sewerage, parks, libraries, hospitals and similar functions. Among these authorities are Shire councils and City Councils.

The power of local government is granted by State Government. Local government regulates the behaviour of communities within certain local government areas. They control building and development, refuse and health requirements (usually under the control of State laws).

Rights & ResponsibilitiesLicences granted to hotel keepers carry many

responsibilities. These responsibilities are mainly directed towards the wellbeing of employees and customers and cover the dangers of misrepresenting goods or services, eg. Watering down beer, negligence in using poorly maintained and unhygienic food preparation areas, or health and safety aspects (unsafe working areas).

Both employees and employers have rights and responsibilities within the hospitality sector.

Industry overview• The table below outlines many of the issues

relating to working conditions in the hospitality industry:

• Awards An award is a legal document that binds employers to provide certain minimum conditions for their employees. These conditions cover hours of work, pay rates, leave entitlements, training and safe work practice. They are negotiated between the industry, union and government and can be either Federal (covering all employees in Australia) or State (covering employees in a particular State).

Contract of employment These are signed by individuals when they begin employment. The contract will state how the individual is paid, either according to an award or an enterprise or workplace agreement. They may include other terms of employment such as uniform requirements and hours of employment.

Enterprise agreement These are contracts between the employer and employee(s) and sometimes a union, which negotiates different conditions from those set out in the award. An enterprise agreement usually relates to a specific business and is designed to meet the operation’s needs. The agreement must ensure employees are not “disadvantaged” by not being under an award.

cont.Workplace agreements A workplace

agreement is a written agreement between an employer and an employee/s (or a union) that is lodged with the Workplace Authority.

It outlines payment of employees and working conditions.

Personal attributes of hospitality staff

• To be an effective employee in the hospitality industry, individuals should possess the following attributes:

• Punctuality Employers want staff who arrive on time and are able to meet deadlines.

• Honesty This is not limited to dealing with money and property.

• Colleagues and customers also expect honesty in their relationships.

cont.

• Attention to detail Achieving high standards makes both employers and customers happy as it demonstrates quality service and dedication.

• Personal presentation and grooming In hospitality employees are often the public face of the establishment.

• Good personal presentation provides a positive image to customers.

• Attitude Employers and customers expect staff to be courteous, polite, professional, cheerful, and helpful and demonstrate initiative.

cont.

Confidentiality In the hospitality industry, employees are often required to deal with customers’ personal information, such as credit card numbers, passports and personal addresses and these must be protected.

Consistency of service Customers notice inconsistency. Every task, whether 'plating up a meal' or cleaning a guest room must carried out to a high standard each time.

cont.

Ethical issuesEthics refers to what is morally right. Employees and

employers need to act ethically when dealing with customers and colleagues. Common ethical issues in the hospitality industry include:

Confidentiality - It is against the Privacy Act and bad for business to reveal information about customers and colleagues unless they are informed. Employees also need to keep trade secrets so that their enterprise maintains a competitive edge.

Pricing - Customers must be fully informed of all costs before they purchase a meal or service. International guests who may not be familiar with costs must not be taken advantage of.

Tipping - Tipping is not compulsory in Australia and customers should not be pressured to give tips

cont.Enterprise policies In order to set standards for employees, many

enterprises establish the following policies. These may include:

Code of conduct guidelines - set out how employees should behave in an enterprise.

Ethics policy - sets out the values of an enterprise that employees should respect such as honesty and integrity.

Privacy policy - explains how an enterprise handles customer information. Employees are not permitted to use this information to their advantage and the enterprise must not pass on this information to any third party, such as a marketing company, without notifying the customer.

Workplace relationsEmployer groupsThe following organisations are examples of

groups that employers in the hospitality industry may belong for support and to source up to date information about the their industry:

Restaurant and Catering Association of NSW Australian Hotels Association (AHA) Hotel, Motel and Accommodation Association

(HMMA) Clubs NSW

Employer groups provide advice on wages, penalty rates, working conditions, and employment contracts. They may represent members at discrimination tribunals and may assist members to negotiate enterprise and workplace agreements. They also offer support and advice on implementing government policies and legislation and lobby governments on behalf of the industry for changes in policies and legislation.

In addition they can also undertake roles such as

developing goals and strategies for their industry

providing information to the public about the industry

awarding industry achievements representing the industry on boards and

committees running promotional activities and

marketing campaigns for the industry providing network and conference

opportunities

cont.

UnionsMany hospitality employees decide to join

unions. The Liquor, Hospitality and Miscellaneous Workers Union is the main union representing hospitality employees and many large workplaces have a union delegate on site.

Unions provide their members with assistance and advice in the following areas:

protection relating to issues in the workplace such as safety, unfair dismissal, poor working conditions, entitlements, award wages, discrimination and harassment.

support to improve conditions for workers such as negotiating improved pay and working conditions

LegislationLegislationMost Commonwealth legislation that

relates to the hospitality industry has State equivalent legislation.

The Commonwealth legislation is usually set first and State governments modify the legislation so that it can be better implemented in their State. Local governments are responsible for implementing some legislation. For instance, councils employ environmental health officers to implement the Food Act.

HygieneHygiene

Legislation Food Act 2003 (NSW)(as amended)

Main features Covers all aspects of food handling and production as well as the maintenance of premises where the food is stored, prepared and sold.

Liquor• Liquor• Legislation Liquor Act 1982 (NSW) • Responsible Service of Alcohol (RSA) Regulation • Main features Covers all aspects of liquor sold

in a licensed enterprise. It includes licensing hours, hours of operation, training staff must undertake, the responsibilities of employers in selling alcohol, harm minimization, as well as offences and legal proceedings.

•Alcohol cannot be sold without a licence and only staff with a RSA certificate can serve it.

• RSA provides training on recognising the problems of alcohol abuse and knowing when to stop serving customers who may be becoming intoxicated.

Environment

EnvironmentLegislation Smoke Free Environment Act

2000 (NSW) Main features Makes it illegal to

smoke in an enclosed public place, thus preventing passive smoking.

Gaming• Gaming• Legislation Gaming Machines Act 2005 (NSW) (as

amended) • Gaming Machines Regulations 2002 (NSW) • Responsible Conduct of Gaming/Gambling • Main features Includes the number of machines a

venue is permitted to have, signage that must be put in place, the dangers of problem gaming, actions that must be adopted to address problem gamblers such as displays clocks or counselling signage, and how prizes should be awarded.

•Ensures that fair practices are used for gaming equipment.Staff working in gaming must have a RCG certificate to recognise and take action with problem gamblers.

Health and safetyHealth and safetyLegislation Occupational Health and Safety

Act 2000 (NSW) Occupational Health and Safety Regulations

2001 (NSW) Main features Determines what employers

and employees must do to promote the safety and well being of people in the workplace

Workers compensationWorkers compensationLegislation Workers Compensation Act 1987

(NSW) (as amended) Workplace Injury Management and Workers

Compensation Act 1998 (NSW) Main features Ensures employees are

compensated for injury or sickness caused as a result of their employment.

Consumer protection and trade practices

Consumer protection and trade practicesLegislation Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) (as amended) Main features Governs issues of product

safety and product information. Ensures that businesses do not give false or misleading information in relation to products and services.

Workplace relations

• Workplace relations• Legislation Workplace Relations Act 1996

(Cth) (as amended) • Workplace Relations Amendment

(WorkChoices) Act 2005 • Main features The aim of these acts is to

ensure employers and employees negotiate fair wages and conditions, and to promote employment, living standards and welfare for Australians

Equal employment opportunity

Equal employment opportunityLegislation Equal Employment Opportunity

(Commonwealth Authorities) Act 1987 (Cth) Equal Opportunity for Women in the

workplace Act 1999 (Cth) Main features Ensures that everyone is

treated fairly and equally when seeking employment.

Anti-discrimination

• Anti-discrimination• Legislation The Anti Discrimination Act 1977 • Anti-Discrimination Act 1977 (NSW) • Sex Discrimination Act 1984 (Cth) • Racial Discrimination Act 1975 (Cth) • Disability Discrimination Act 1992 (Cth) • Main features Ensures that people are not

discriminated against on the basis of gender, religion, race, age, disabilities or sexual preferences.

Anti-discrimination

• Anti-discrimination• Legislation The Anti Discrimination Act 1977 • Anti-Discrimination Act 1977 (NSW) • Sex Discrimination Act 1984 (Cth) • Racial Discrimination Act 1975 (Cth) • Disability Discrimination Act 1992 (Cth) • Main features Ensures that people are not

discriminated against on the basis of gender, religion, race, age, disabilities or sexual preferences.

OH&SOccupational health and safety (OH&S)

The general area of concern in employment which covers the physiological and psychological well-being of persons engaged in work.

Employers have a common law duty to take reasonable care to guard their employees' health and safety at work