Update and develop Hospitality knowledge Week (3&4)
Employment • Casual WorkOften temporary work which does not offer the protection of a permanent job. • Casual employees are not usually entitled to benefits associated with continuous employment - although they are often entitled to a 'loading' on top of the rate for permanent workers. • This is designed compensate for missing out on sick leave, holiday pay and other benefits.
Cont. • Full-time EmploymentTraditionally means a 'regular job'. Work that is about eight hours a day, five days a week and forty-eight weeks of the year with four weeks paid leave. • Part-time workA potent force in Australian industry; especially as many part-time jobs are in the fast growing services sector. • Part-time workers are permanent employees who have a set number of weekly working hours. Many part-time workers receive benefits like those of full-time workers on a proportional or pro rata basis.
Leave • Annual LeavePaid leave which is usually four weeks each year. In most cases you are eligible for annual leave after twelve months of continuous service with one employer. • Penalty rateA higher rate of pay which compensates for work done outside usual hours such as late at night or on public holidays.
Award • AwardA legal document which specifies the minimum conditions under which you are employed. • It covers matters like wages,holidays, sick leave and overtime. • Awards sometimes also set out the basic requirements of things like maternity leave. • Employers must abide by the conditions of the award because it is a legal document.
Some Matters that are covered by State and Federal Award Conditions • Wage rates • Special allowances for penalty rates • Overtime rates • Hours of work • Holidays • Termination of employment • Junior employees and apprentices cont . . Learner Resources
Sick leave • Maternity leave • Annual leave • Definitions of employment status (Grades etc.) • Types of employment (Full time, Casual, Part time) An award is a legally binding document at either State or Federal Level Learner Resources
Cont. • Equal OpportunityThe law in Australia which says that everyone who has the necessary skills, experience and qualifications to do a job should be given an equal chance of getting that job. • Lieu daysDays granted as leave in the place of extra payments for such things as overtime. • Also known as TOIL (Time Off In Lieu).
Sick leave • Multi-skillingMeans training an employee to cover a range of different jobs in one workplace. • Sick leaveWhat is sick leave? • Sick leave is paid leave granted by an employer to an employee for a period of time during which the employee is unable to attend work due to any illness or incapacity.
Cont. • Minimum sick leave entitlements • Under the Act all eligible employees are entitled to be paid: • for each period of employment of less than a year - at least one ordinary working day sick leave for each completed 6 weeks of employment; or • at least eight ordinary working days (or the equivalent number of working hours) sick leave for each completed year of employment.
Cont. • Sick leave conditions • An employee's entitlement to sick leave depends on the following conditions being met: • An employee must promptly notify their employer of the illness or incapacity and of the estimated duration of the absence. • Where the absence extends more than two days, the employee is required to give the employer a doctor's certificate outlining the nature of the illness and the approximate period of absence. • Failure to comply with these conditions can jeopardise an employee's entitlement to sick leave
Cont. • When annual leave is payable on termination • All annual leave owing is payable on termination, except where the employee is transferred from one employer to another. • If an employee has not taken all annual leave they are entitled to at the time of termination they are presumed to have taken their leave from the date of termination.
Day off • Employees shall be allowed two full days off duty each week. • Two weeks' notice of a rostered day or days or shall be given provided that the rostered day or days off may be changed by mutual consent, at any time.
Roster • Employees shall be given a regular starting time and ceasing time for each day. • Such times shall not be changed except upon two weeks' notice; provided that when such change is rendered necessary by the absence of other employees twenty-four hours' notice of such change shall be sufficient notice. • For the purpose of this subclause "absence" shall not include the dismissal of other employees.
Meal Break • Meal Break • An employee who is engaged to work five hours or more shall be given a meal break of between 30 minutes and one hour. • This meal break shall be given after working not more than five hours. • The first meal break taken on any shift shall be unpaid.
Overtime • OvertimeThe time worked before or after your regularly scheduled working hours. • When there were very few rules about how long people were required to work, the trade union movement campaigned for shorter working hours. • Their catch cry was `8 8 8' - that's eight hours work, eight hours play and eight hours sleep. • So began the idea that if you were required to work more than eight hours in one day you should get paid more for the extra hours.
Wage • SalaryA payment received by an employee for regular work. • A salary is usually calculated as the amount an employee earns in an entire year, and is usually paid in fixed fortnightly or monthly amounts. • WagePayment for work or services, by the week, day or by the individual job performed.
Workers compensation • Workers compensationA payment from an employer to an employee for injuries of illness caused at work. Workers compensation is compulsory for all employers in Australia. • Back pay is money that is owed to an employee for work already done. • If your employer has been under paying you and must pay you the difference, this is called ‘back pay’. • Things like overtime and sick leave can affect how much money you receive in your pay each week. • For example, if you left your job and had not taken any annual leave, then the money you are owed as part of your annual leave basically becomes ‘back pay’ that you are owed once you have stopped working.
cont. (Questions & Answers) • Casual work is much the same as part-time work but you don't have a permanent weekly roster or receive the same entitlements as part-timers. • Therefore you may get less shifts (or go for weeks without a shift) and are not entitled to maternity leave, paid sick leave, annual leave and redundancy payments. • What is the minimum number of hours I have to be given each week? • Zero. Some casuals mistakenly think they are entitled to a minimum of three hours a week. • This is not so. Your hours will depend on the demand for work. This means you could work 15 hours one week and none the next. What is the minimum number of hours per shift? Three hours for retail stores and two hours for fast food stores.
rates • Why is my hourly rate higher than the part-time and full-time rates? As a casual, you receive what is called "casual loading". As casuals are not usually entitled to benefits associated with continuous employment, they are often entitled to this loading. • This is designed to compensate for missing out on sick leave, holiday payand other benefits.Am I entitled to workers compensation? Yes. All workers injured at work or in transit to or from work are covered. How much notice do I have to give to resign? You are employed on an hourly basis, so you only need to give one hour's notice. Should I receive superannuation? The law requires employers to pay an extra 9% in superannuation to employees who: • earn at least $450 per month; and • if aged below 18, work at least 30 hours a week.
Superannuation • Superannuation is the money put aside during your working life for use when you retire. • Your employer must contribute an extra amount equal to 9% of your pay into a superannuation fund. • Superannuation is an additional benefit on top of a wage or salary. It is NOT taken out of your pay.
Cont. • Superannuation is a way of saving money to support yourself after you have retired from work. • when you earn more than $450 a month, your boss is legally required to deposit an amount equal to 9% of your wage into a superannuation fund. • This grows during your working life and earns interest, so you have money available to you when you reach official retirement age.
RESPONSIBILITIES OF EMPLOYEES • • To act in your employer’s best interest • • To be accountable to your employer • • To follow your obligations under OH&S laws • • To keep secret any trade secrets or activities • • To perform duties and requests relevant to your statement of duties or job description • • To conduct yourself with skill and care when performing your duties
What are my basic entitlements • 4 weeks annual holidays each year • ♦ a minimum of 5 days sick leave each year, which can be used when the employee is too ill to work or when it is necessary to look after ill family members • ♦ Parental leave, which is usually unpaid leave available when an employee becomes a parent or adopts a child • ♦ Two months paid long service leave after 10 years’ service Your entitlements will depend on whether you are employed on a permanent, part-time, temporary or casual basis. • NSW laws also permit all employees to choose whether or not to join a union.
Your rights at work • • Be paid a wage or salary. Your contract or award must determine this. • • Act upon decisions about your conditions i.e., wages • • Join a trade union if you want to • • Claim for compensation in the case of an accident at work. This is under Worker’s Compensation laws. • • A safe workplace – this is a requirement of OH & S laws. • • Refuse to do things that you believe to be against the law; discriminatory or dangerous.
How do I find out what I should be paid? • Pay Scale Summaries for more than 400 of the most commonly used awards are available on the Fair Work Online website www.fairwork.gov.au. • These summaries have been adjusted to take account of the AFPC's 2009 general Wage-Setting Decision. • Further information about finding the right pay can be found by calling the Fair Work Infoline on 13 13 94.
Laws and Regulations week (4)
Hospitality laws • Australia is a democracy headed by the Prime Minister, who is responsible to the Australian Parliament. • All powers not delegated to the Federal Government are reserved for the States. • Our laws are a set of principles, rules & standards established by parliament and enforced by the courts for the regulation of behaviour in society, and the protection of members of society and their property.
There are three level of government in Australia: • Commonwealth Government • State Government • Local Government
The Federal or Commonwealth Government makes laws and has powers that apply to the country as a whole. Issues such as defence, customs and excise are commonwealth issues to name just a few.
Where the laws exist, the various States in Australia are not permitted to establish their own. However there are cases when both the Commonwealth and the States make laws on the same issues, eg. Industrial relations and taxation. If there is a conflict over the power of those laws, the Commonwealth overrides the power of the State. If there is an issue where no Commonwealth law exists the States are free to legislate.
The Commonwealth Government makes and administers laws covering issues such as immigration ie. Work permits, taxations (personal and wholesale taxes), duty and excise, and communication (broadcasting and telecommunications
Each State Government is headed by a premier; in the Northern Territory and the ACT, it is the Chief Minister. • Each makes and administers laws covering licensing and education, ie. Schools, vocational education and training.
There are two houses of State Government (the Upper House and the Lower House) in every State except Queensland, which only has one.
Within each State, there is a Local Government that looks after smaller areas or communities and is responsible for traffic and building regulations, maintenance of streets, bridges, local roads, water and sewerage, parks, libraries, hospitals and similar functions. Among these authorities are Shire councils and City Councils.
The power of local government is granted by State Government. Local government regulates the behaviour of communities within certain local government areas. They control building and development, refuse and health requirements (usually under the control of State laws).
Rights & Responsibilities • Licences granted to hotel keepers carry many responsibilities. These responsibilities are mainly directed towards the wellbeing of employees and customers and cover the dangers of misrepresenting goods or services, eg. Watering down beer, negligence in using poorly maintained and unhygienic food preparation areas, or health and safety aspects (unsafe working areas). • Both employees and employers have rights and responsibilities within the hospitality sector.
Industry overview • The table below outlines many of the issues relating to working conditions in the hospitality industry: • Awards An award is a legal document that binds employers to provide certain minimum conditions for their employees. These conditions cover hours of work, pay rates, leave entitlements, training and safe work practice. They are negotiated between the industry, union and government and can be either Federal (covering all employees in Australia) or State (covering employees in a particular State).
Contract of employment These are signed by individuals when they begin employment. The contract will state how the individual is paid, either according to an award or an enterprise or workplace agreement. They may include other terms of employment such as uniform requirements and hours of employment.
Enterprise agreement These are contracts between the employer and employee(s) and sometimes a union, which negotiates different conditions from those set out in the award. An enterprise agreement usually relates to a specific business and is designed to meet the operation’s needs. The agreement must ensure employees are not “disadvantaged” by not being under an award.
cont. • Workplace agreements A workplace agreement is a written agreement between an employer and an employee/s (or a union) that is lodged with the Workplace Authority. • It outlines payment of employees and working conditions.
Personal attributes of hospitality staff • To be an effective employee in the hospitality industry, individuals should possess the following attributes: • Punctuality Employers want staff who arrive on time and are able to meet deadlines. • Honesty This is not limited to dealing with money and property. • Colleagues and customers also expect honesty in their relationships.
cont. • Attention to detail Achieving high standards makes both employers and customers happy as it demonstrates quality service and dedication. • Personal presentation and grooming In hospitality employees are often the public face of the establishment. • Good personal presentation provides a positive image to customers. • Attitude Employers and customers expect staff to be courteous, polite, professional, cheerful, and helpful and demonstrate initiative.
cont. • Confidentiality In the hospitality industry, employees are often required to deal with customers’ personal information, such as credit card numbers, passports and personal addresses and these must be protected. • Consistency of service Customers notice inconsistency. Every task, whether 'plating up a meal' or cleaning a guest room must carried out to a high standard each time.
cont. • Ethical issues • Ethics refers to what is morally right. Employees and employers need to act ethically when dealing with customers and colleagues. Common ethical issues in the hospitality industry include: • Confidentiality - It is against the Privacy Act and bad for business to reveal information about customers and colleagues unless they are informed. Employees also need to keep trade secrets so that their enterprise maintains a competitive edge. • Pricing - Customers must be fully informed of all costs before they purchase a meal or service. International guests who may not be familiar with costs must not be taken advantage of. • Tipping - Tipping is not compulsory in Australia and customers should not be pressured to give tips
Workplace relations • Employer groups • The following organisations are examples of groups that employers in the hospitality industry may belong for support and to source up to date information about the their industry: • Restaurant and Catering Association of NSW • Australian Hotels Association (AHA) • Hotel, Motel and Accommodation Association (HMMA) • Clubs NSW
Employer groups provide advice on wages, penalty rates, working conditions, and employment contracts. They may represent members at discrimination tribunals and may assist members to negotiate enterprise and workplace agreements. They also offer support and advice on implementing government policies and legislation and lobby governments on behalf of the industry for changes in policies and legislation. • In addition they can also undertake roles such as
developing goals and strategies for their industry • providing information to the public about the industry • awarding industry achievements • representing the industry on boards and committees • running promotional activities and marketing campaigns for the industry • providing network and conference opportunities
cont. • Unions • Many hospitality employees decide to join unions. The Liquor, Hospitality and Miscellaneous Workers Union is the main union representing hospitality employees and many large workplaces have a union delegate on site. • Unions provide their members with assistance and advice in the following areas: • protection relating to issues in the workplace such as safety, unfair dismissal, poor working conditions, entitlements, award wages, discrimination and harassment. • support to improve conditions for workers such as negotiating improved pay and working conditions