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(b) Has been an employee of the licensee for less than 3 months and is – (i) Undertaking a RSA training course; or (ii)Formally enrolled in a RSA training course to be held within three months of commencing employment. NOTE If a junior employee is a part of the service chain for the alcohol for the customer then the Junior must have an RSA and be paid as an adult. Failing to do so may result in penalties and adviser action claim Responsible Service of Alcohol Register To demonstrate compliance with RSA training requirements, licensees must keep records on the licensed premises in the form of a “Responsible Service of Alcohol Register” and produce those records on demand to the Commissioner or an authorised officer. Who Does the THA Represent? The THA represent you – the member. If an employee has an issue they contact another person or organisation. We may liaise with an employee on your behalf to assist in the effective management of the issue at hand however we represent you. If anyone has any queries or concerns, or would like to explore the use of Fixed Term Contracts please contact us on 6220 7305
How to terminate a Fixed Term Contract prior to the Nominated Date Employees employed under a fixed term contract normally do not have provision to make an unfair dismissal claim. There is however times where either party wishes to finalise the employment relationship earlier than anticipated. It is important to ensure that there is a suitable clause in the contract that will enable this to occur with no negative penalty for either party. An early termination provision is essential in the contract. Members are encouraged to contact the THA for further information to ensure legal compliance. Traps for New Players It is essential that employers not use ongoing fixed term contracts for what is essentially a permanent position. Whilst some employers believe using this tactic (reissuing of new contracts) will remove the possibility of an unfair dismissal claim, redundancy or claim of permanency, the Fair Work Commission has in these cases deemed the employment relationship to be
that of a permanent employee. Responsible Serving of Alcohol
Members are reminded that as a licensee you must not allow a person to serve liquor on licensed premises unless the person (a) Has successfully completed an “approved course” (RSA training course); or
Endorsed by:
Here’s to you! We were delighted to attend and present awards at September’s THA Awards for Excellence. Our sincere congratulations go to all the finalists. As the endorsed insurance broker for THA, Arthur J. Gallagher is here to support hospitality businesses of all sizes through the good times – and the bad. We have an insurance program to match your size and ambition. In the event of a claim, we’ll help you through and get you ready for future success, whether that’s winning awards or simply growing your business. Talk to us today to make sure you’re covered for all eventualities. And may the good times roll…
Hobart 6235 1222 • hobart@ajg.com.au Launceston 6337 1333 • launceston@ajg.com.au
October 2016
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