Restaurant Industry Award 2010 (MA000119)

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This article provides guidelines about when to use the different work types and tags that are included as part of the pre-built Retail award packages. For further information about the general retail industry award, refer http://www.fwc.gov.au/documents/modern_awards/award/ma000119/default.htm

Key Updates

29 June 2018

The Award has been updated to reflect the Fair Work Commission’s national minimum wage increase of 3.5% from its Annual Wage Review 2017-18 decision. This also includes updates to expense-related allowances.

These changes come into effect from the first full pay period on or after 1 July 2018. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2018.

Additionally, the Payment Summary Classification settings for Allowance based pay categories have been updated as per STP requirements.

 

5 February 2018

The following changes are a result of a general award overview and incorporate new enhancements made to pay conditions rules:

  1. The automated meal break rule now is automatically excluded from timesheets created from a leave request. Additionally, the rule will search any manual break recorded before automatically applying a meal break;
  2. Leave categories are mapped to leave work types so that leave pay categories are automatically applied in the pay run;
  3. Created a shift condition for overtime meal allowance, as detailed further below;
  4. The pay category Overtime Meal Allowance has been amended so that it is set to be excluded from a payment summary;
  5. Users can choose to have the 38 hour week averaged over a 1, 2, 3 or 4 week period. This setting can be adjusted via the Rule Set Period setting:Screen_Shot_2018-02-05_at_17.01.54.png
  6. Created a tag for Tool Allowance, as detailed further below;
  7. Amended the setup of the work type Apprentice Tool Allowance so that it does not need to be added on a separate timesheet line. Rather, the work type can be assigned on the same timesheet line detailing the employee start and finish time;
  8. Automatically enabled the work types Time in Lieu of Overtime and Time in Lieu Taken for casual employees;
  9. Activated the leave type Time in Lieu Taken for casual leave allowance templates;
  10. The Permanent Restaurant (excluding shift workers) rule set has been amended so that TIL of Overtime was accruing against the leave category Time in Lieu rather than Annual Leave;
  11. Maximum daily engagement of 11.5 hours has also been applied to part time employees, in accordance with clause 12.8(b) of the Award; 
  12. Award clause numbers have now been added to the title of each rule. This makes it easier to correlate the interpretation with the specific Award clauses.
  13. Tags descriptions have been added.

1 January 2018

The award has been updated to reflect changes made as part of the Fair Work Decision 4 year review of modern awards.

Casual employees

The changes are a replacement of Clause 13 - Casuals and Clause 33 - Overtime to include overtime paid for casuals. This now provides for casual staff to be paid overtime in excess of the following:

  • For a maximum of 38 hours per week or, where the casual employee works in accordance with a roster, an average of 38 hours per week over the roster cycle (which may not exceed 4 weeks)
  • 12 hours in one day

NB: We have applied the rule using 152 hours worked over a four week period to remain consistent with the rule set for permanent staff.

Implicitly, this also means overtime can be converted to TIL by using the 'TIL of OT' employee tag, and this has also been reflected in the rules.

These changes are reflected in the "Casual Restaurant" rule set. We've also automatically enabled the work types relating to meal allowances for casual staff. To be paid a meal allowance, the '2+ hrs OT worked (no prior notice to employee)' work type needs to be selected on a separate line of the timesheet and a unit of 1 recorded.

These changes have also meant a set of new pay categories for casual overtime and the pay rate templates for casual employees have been updated.

Part time employees

Clause 12 has been updated for part time employees, and mandates the idea of 'guaranteed hours' reflected as the employee standard hours in KeyPay, and the 'employees availability'. We have interpreted the employees availability as only affecting the hours available to roster the part time employee (use 'unavailability' in rostering to achieve this), so no changes are reflected in the pay condition rule set.

The new changes do mean that an employee can work hours in excess of their guaranteed hours and not attract overtime, until they've worked in excess of 38 hours or an average of 38 hours per roster cycle. 

This means we've removed the 'overtime in excess of standard hours' and replaced this with 'overtime in excess of 152 hours per 4 weeks'.

These changes have been reflected in the 'Permanent Restaurant (excluding shift workers)' rule set.

Please note that the changes come into effect on the first full pay period on or after 1 January 2018. This means that you should only install these updates once you've completed the last pay period that pays shifts worked during December 2017.

Installing and Configuring the Pre-Built Award Package

For details on how to install and configure this Pre-built Award Template, please review the detailed help article here.

Work Types

2+ hrs OT worked (no prior notice to employee)

An employee that was required to work more than 2 hours of overtime without being notified the previous day or earlier and is not provided with a meal should add 1 unit of this allowance to their shift. Refer section 20.1(a) of the Restaurant Industry Award.

Apprentice Tool Allowance

Choose this work type for shifts where an apprentice cook is required to use their own tools. Refer to section 24.3(a) of the Restaurant Industry Award.

No Break

Normally, meal breaks are automatically added for shifts over 5h30m. Use this work type to indicate that no meal break was taken during the shift

Public Holiday not Worked

Choose this work type where employees are not required to work on a gazetted public holiday.

Public Holiday Rostered Day Off - AL accrual 

Choose this work type where a full time employee's rostered day off falls on a public holiday and the employee chooses to accrue annual leave in accordance with clause 38.2(c) of the Restaurant Industry award.

Public Holiday Rostered Day Off - Pay Extra Day 

Choose this work type where a full time employee's rostered day off falls on a public holiday and the employee chooses to be paid an extra day's pay in accordance with clause 38.2(a) of the Restaurant Industry award.

Annual Leave

Choose this work type when annual leave was taken

Carer’s leave

Choose this work type when carer’s leave was taken

Compassionate Leave

Choose this work type when compassionate leave was taken

Long Service Leave

Choose this work type when long service leave was taken

Sick leave

Choose this work type when sick leave was taken

Time in Lieu of Overtime

Choose this work type if the employee elects to accrue time in lieu rather than be paid for any overtime for this shift.

Time in Lieu taken

Choose this work type when time in lieu was taken

Unpaid Leave

Choose this work type when unpaid leave was taken

Rostered Day Off Worked

Choose this work type where a permanent employee is required to work on their rostered day off. Refer to clause 33.2(d) of the Restaurant Industry Award.

Shift Conditions

2+ hrs OT worked (no prior notice to employee)

An employee that was required to work more than 2 hours of overtime without being notified the previous day or earlier and is not provided with a meal should add 1 unit of this allowance to their shift. Refer section 20.1(a) of the Restaurant Industry Award.

Tags

The following tags are available for application to employees under the Restaurant Industry Award.

TIL of OT

Assign this tag if the employee elects to always accrue time in lieu rather than be paid overtime.

Tool Allowance

Assign this tag to any apprentice cook required to use their own tools. Refer to section 24.3(a) of the Restaurant Industry Award. This will then automate the payment of the tool allowance without the need to use a work type.

If you have any feedback or questions please contact us via [email protected]

 

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