Workplace Relations

The AHA(WA) provides extensive workplace relations services. Members of the AHA(WA) can obtain advice and representation on all workplace relations matters. This service includes advice on:

• Award and Wage rates;

• Interpretation of all hospitality awards;

• Unfair dismissal matters and representation;

• Employment and Termination of staff;

• Occupational Health and Safety;

• Australian Workplace Agreements; and

• Representation to Federal and State Industrial Relations Commissions.

Over the 2010/2011 financial year, the AHA(WA) Employment Relations and Regulatory Advice Department dealt with 4669 member enquiries.

• Calculation and analysis of Modern Award transitional provisions;

• Enterprise Agreements;

• Template contracts of employment;

• Access to salary surveys for both the accommodation and hotel sectors;

• Liaison with State and Federal departments pertaining to industry audits/campaigns.

WORKFORCE DEVELOPMENT

Western Australia's hospitality and tourism industry requires Government policy to deliver effective strategies to address labour and skills shortages that exist within the whole State of Western Australia.

AHA(WA) has held extensive briefings and discussions with:

• State and Federal Members of Parliament;

• Federal Department of Immigration & Citizenship;

• State Department of Training and Workforce Development;

• FutureNow;

• Chamber of Commerce and Industry (WA);

• Migration Agents; ISA Group (Entered into a Memorandum of Understanding in December 2010 to provide Filipino chefs, cooks and
managers to AHA(WA) members)

AHA(WA) have also actively participated in:

• Development meetings on the State Migration Plan and Regional Sponsored Migration Scheme;

• Meetings with other interested parties such as Chamber of Commerce and Industry and Hospitality Group Training;

• Extensive lobbying to make Perth classified as 'regional' for family sponsored applications through the General Skilled
Migration program;

• Annual Skills West Expo attracting youth to start careers in the Hospitality Industry;

• Extensive lobbying of the Working Holiday Visa categories and student visa.

PUBLIC HOLIDAYS

The AHA(WA) lobbied the Western Australian Government to change the Public and Bank Holidays Act 1972 where a public holiday fell on the weekend to prevent additional bonus days over the normal 10 days being paid at the public holiday rates.

AHA(WA) extensively lobbied Ministers to change, by regulation, this anomaly that existed since the Fair Work Act and Modern Award came into effect. Other industry associations joined forces to seek reason from the Minister without any success as the Minister stated that he would not amend the Act.

The AHA(WA) will now seek amendment through the Fair Work Act and Modern Award Reviews in 2012 to remove this costly anomaly for hospitality businesses.

MIGRATION PROGRAM CONSULTATION

Bradley Woods, CEO/Executive Director and Ron Ballucci, Employment and Regulatory Advice Manager were invited by the Hon Chris Bowen MP to attend a Migration Program Consultation which sought the views of key stakeholders on the future of Australia's migration program and policies which will be incorporated in the Minister's submission to Government on the Migration Program.

The meeting provided AHA(WA) with an opportunity to address key immigration policy settings and program development, including immigration trends and the broader social and economic issues of relevance.

PACIFIC SEASONAL WORKER PILOT SCHEME

In 2011, the Australian Government announced that the Pacific Seasonal Worker Scheme was to include a small scale trial for tourism operators in Broome, employing seasonal workers from East Timor.

AHA(WA) has been working with Timor-Leste Australia Development Facility on the 2012 Occupational Trainee and Pilot Pacific Seasonal Worker Scheme to support members in Broome who seek to take part in this initiative.

UNLAWFUL DEDUCTIONS

The AHA(WA) has been actively involved in discussions with the Fair Work Ombudsman in clarifying the unlawful deduction provisions of the Fair Work Act 2009 and advised members of common industry situations which either permitted or prohibited the deduction of monies from employees' wages.

DEFINITION OF 'SHIFTWORKER'

The introduction of the Hospitality Industry (General) Award 2010 (HIGA) on 1 January 2010 introduced a new definition of 'shiftworker' for the purposes of the fifth week of annual leave.

The AHA(WA) developed a Position Statement which provides both the AHA(WA) and Fair Work Ombudsman's interpretation to clause 34.1 of the HIGA for the benefit of members covered by this Modern Award.

REVIEW OF THE STATE INDUSTRIAL RELATIONS SYSTEM

AHA(WA) made submissions to the Western Australian Government Review of the State Industrial Relations system to provide further evidence and comments relating to our submission on the Government findings into the Amendola Review.

A further written submission was also provided to the Department of Commerce.

2010 MODERN AWARD TRAINING

The AHA(WA)'s experienced industrial relations team provided training sessions to members on the new Modern Awards being the Hospitality Industry (General) Award 2010 and the Restaurant Industry Award 2010.

DISCRIMINATION CLAIMS

When the David Jones case was highlighted and received substantial media attention, the AHA(WA) produced advice to members on Christmas functions and etiquette to avoid discrimination claims.

CASE STUDY - AHA(WA) SAVES MEMBER

FROM $140,000 FINE!

Following a Fair Work Ombudsman (FWO) investigation of a Perth hotel, whereby inadvertent contravention of the Hotel and Tavern Workers' Award (NAPSA) were identified, the AHA(WA) immediately commenced discussions with the FWO.

AHA(WA) were successful in obtaining an alternative proposal to the FWO and were able to remove the requirement to place an advertisement in The West Australian newspaper. Without AHA(WA)'s intervention, the hotel would have had to publicly acknowledge their error in The West Australian newspaper and risk prosecution of up to $140,000 in fines for the business and directors of the company.

FEDERAL OCCUPATIONAL SAFETY AND HEALTH

The AHA(WA) has been reviewing the Codes of Practice that may apply to Western Australian hospitality businesses. Currently, the WA State Government has delayed the implementation date of the National OSH laws.

The Workplace Relations team send an e-newsletter each month to all our members on our mailing list with up-to-date information on industrial relations matters. This ensures that you receive information pertinent to your business without having to go looking for it your self. If you aren't already on our mailing list, please contact iradmin@ahawa.asn.au