IR UPDATE Fair Work - Compliance -THA Member Support
As your industry representative body, the Tasmanian Hospitality Association continues to work with members and the broader industry regarding recent Fair Work walk in inspections undertaken in the Launceston region in late 2021.These inspections primarily related to Fast Foods, Restaurants, Cafes, Hotels and some accommodation venues in this region. Fair work generally select regions based on an analysis of relevant data, including requests for assistance the FWO has received from employees in the area. This does not necessarily mean your business is in breach but with previous high-profile cases being publicised Fair Work continue to be active. While some recent reports indicate some non-compliances and views from varying parties have implied well known and highly respected businesses have knowingly and deliberately exploited or participated in breaches and or underpayments, this is clearly not the case and is speculation without foundation or facts. The THA as the industry body works closely with all members and for those not aware the THA, as the affiliated associate with AHA our national body, has a Memorandum of Understanding (MOU) with Fair Work. We are aware that the number visited was approximately 36 businesses and in most cases the intent to serve a request for documentation occurred. Fair Work Non-Compliance The alleged breaches included · Pay Slips non-compliant · Casual employees ie 25% on base hourly rate
· Casual if working overtime, including Saturday and Sunday · Monday to Friday -Employees not paid as per table below
Monday to Friday 10.00 pm to midnight Monday to Friday midnight to 6.00 am
100% plus $2.37 per hour or part of an hour 100% plus $3.55 per hour or part of an hour
125% plus $2.37 per hour or part of an hour 125% plus $3.55 per hour or part of an hour
125% plus $2.37 per hour or part of an hour 125% plus $3.55 per hour or part of an hour
· Junior employees when serving and dispensing liquor as a liquor service employee to be paid as adult employee · Overtime after the first 2 hours · Annualised salaries and how public holidays are treated Fair Work Check List THA has previously communicated a FWO self-audit check list and it is advised members use this as a basis for ensuring compliance awareness when contacted, and our support and assistance is proactive rather than reactive to any audit by Fair Work. A copy of the check list can be provided on request or obtained via the link below: https://static1.squarespace.com/static/5906875a4402431ac49f3d88/t/5de88b584f096d70f8e7031e
/1575521116508/1.0FWO+Audit+Sample+17.pdf Industrial Health Checks -Compliance Audits
THA conduct industrial legislation health checks and compliance awareness as part of the industry and membership services. Remember, members at any time can seek assistance with this process and or any areas of concern as required by contacting myself direct on contact details below.
Enquires? Contact Merv Saltmarsh E: merv@tha.asn.au Ph: 0407869924
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Hospitality Review: April 2022
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