Workplace Relations
The AHA(WA) provides extensive workplace relations services. Members can obtain advice and representation on all workplace relations matters. This service includes advice on:
- Award and Wage rates;
- Interpretation of all hospitality awards both State and Federal;
- Unfair Dismissal, General Protections, Fair Work Ombudsman & Equal Opportunity Commission matters and representation;
- Recruitment, Performance Management & Termination of staff;
- Occupational Safety and Health;
- Enterprise Agreements;
- Submissions for Member Interests to Federal and State Industrial Relations Commissions.
- Calculation and analysis of yearly wage increases;
- Template contracts of employment;
- Access to salary surveys for both the Hospitality Sector;
- Liaison with State and Federal Government Departments pertaining to industry audits/campaigns such as the ongoing Fair Work Ombudsman and WorkSafe 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 & Border Protection;
- 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) has 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 a different classification for applications through the General Skilled Migration program;
- Annual Skills West Expo attracting youth to start careers in the Hospitality Industry;
- Extensive lobbying of the Subclass 457 Visas, Working Holiday Visa categories and Student Visa to enable a better deal for members.
FOUR YEAR MODERN AWARD REVIEW
AHA(WA) in conjunction with AHA National Office has undertaken extensive research and written submissions on the main areas affecting members regarding the Modern Award Review. Some of the main areas of concern for Members relate to Penalty Rates, Part-time Flexibility and limiting the number of Public Holidays on which public holiday rates are payable.
These issues are pivotal for our members and AHA(WA) continues to fight for Member interests by building a strong case for change.
PRODUCTIVITY COMMISSION REVIEW
The AHA welcomed the Federal Government announcement on 22nd January 2015 into the review of the workplace relations system.
This is the biggest review of workplace relations laws over the last 30 years and the Federal Government has requested the Productivity Commission (PC) to look at improvements to the workplace relations system.
The AHA lodged a joint submission with Accommodation Association of Australia on 13 March 2015. The final report from the Federal Government is scheduled for November 2015.
Key areas addressed in the submission included:
- Unemployment, underemployment and job creation
- Safety nets, including the federal minimum wage, NES, modern awards and penalty rates
- Red tape and the compliance burden for employers
- Bargaining, industrial disputes and industrial action
- Employee protections, including unfair dismissal, general protections and anti-bullying legislation
- The efficiency and effectiveness of institutions such as the Fair Work Commission.
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.
DISCRIMINATION, BULLYING AND HARASSMENT
In line with legislative change, AHA(WA) produced advice to members on bullying and harassment in the workplace as well as the annually updated Christmas functions and etiquette to assist members in updated their policies and procedures.
FEDERAL OCCUPATIONAL SAFETY AND HEALTH LAWS
The AHA(WA) put forward a submission in March 2015 for the Work Health and Safety Bill 2014 (WHS), also known as the ‘Green Bill’ as part of the harmonisation process.
The WHS Bill is a Western Australian version of the model Work Health and Safety Bill (model WHS Bill) developed by Safe Work Australia for implementation by Australian states and territories.
The WHS Bill contains the core provisions of the model WHS Bill with some modifications to suit the Western Australian working environment.
Currently, the Western Australian State Government is reviewing these submissions and AHA(WA) will keep members updated on developments .
