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CEO’s Issues Update – July 2014

AHA (Vic) CEO Brian Kearney updates members on priority issues AHA (Vic) staff are addressing to achieve favourable business outcomes for members.

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Member Bulletins

  • Announced "Decision In Principle" To Restrict Smoking In Outdoor Dining Areas

    Announced "Decision In Principle" To Restrict Smoking In Outdoor Dining Areas

    On 4 August 2014 the Victorian Health Minister, the Hon. David Davis, announced the Government’s “decision in principle” to introduce a prohibition on smoking in outdoor dining areas.

    The Minister did not specify a timetable and committed the Government to an extensive consultation process with the hospitality industry.

    The Minister also highlighted that sufficient time will be provided to allow affected businesses to adjust to new requirements once they are settled.

    The focus of the Government’s policy is smoking in outdoor dining areas, with no announced intentions regarding restricting smoking in outdoor drinking areas.

    AHA (Vic) is actively involved with the Government on this issue and will be strongly representing pub and hotel interests.

    We are pleased that the Government has committed to a full consultation process, with the implementation time-frame to include sufficient notice for the hospitality industry to adjust to any new arrangements.

    If you wish to discuss this further please contact Paddy O’Sullivan on 8631 7901.

    Regards,

    BRIAN KEARNEY
    Chief Executive Officer


  • Melbourne Cup Public Holiday

    Melbourne Cup Public Holiday

    Melbourne Cup Public Holiday 2014: Tuesday 4 November

    Members are reminded of the above forthcoming public holiday.

    The Hospitality Industry (General) Award 2010 provides the following arrangements for the holiday listed above:

    Rates where employees are required to work on such holiday:
    1. Full-Time and Regular Part-Time Employees who work on this day shall be reimbursed as follows:
    a. Double Time and a Half (250%) (clause 32.1) for all the time worked (with a minimum of four hours at Double Time and a Half); OR
    b. By agreement, (clause 32.2 (b)) employees may work at ordinary rates plus Half Time (150%) and:
    i. have equivalent paid time added to their annual leave, or
    ii. receive an additional day off in lieu of such public holiday during the same week, provided that such holiday may be allowed to the employee within 28 days after the holiday falls due.
    c. By agreement between the employer and the majority of employees in the relevant enterprise, an alternative public holiday may be taken as the public holiday in lieu of the prescribed public holiday day (clause 37.1).
    2. Employees who are paid an ANNUALISED SALARY (per clause 27.1 of the Award) and who work on this day are entitled to paid time off that is of equal length to time worked on the public holiday or the equal length of time worked to be added to their annual leave entitlement (clause 27.1 (d)).
    3. Casual employees who work on this day shall be reimbursed at a rate of Double Time and Three Quarters (275%) (clause 32.1) of a Full-Time employee’s ordinary hourly rate for the same classification with a minimum of two hours at this rate.

    Rates of pay where employees are not required to work on such holiday:
    1. If a Full-time employee, a Regular Part-Time employee (who normally works on the day of the week of the public holiday) or an employee who is paid an ANNUALISED SALARY (per clause 27.1 of the Award) who is not required to work on the public holiday, such employee is entitled to take such day as a holiday without loss of pay (clause 56 under NES)
    2. Casuals and Regular Part-Time employees (who do not normally work on the day of the week of the public holiday) do not receive any payment or other entitlements if they are not required to work on this holiday (clause 56 under NES).

    Rostered day off coinciding with the above holiday:
    A Full-Time employee (not a Regular Part-Time employee) whose rostered day off falls on a public holiday (clause 37.1(b)) must:
    • be paid an extras day pay; or
    • be provided with an alternative day off within 28 days, or
    • receive and additional day’s annual leave.
    Rates of pay where managers are required to work on such a holiday:
    1. Managers who are paid under the Base Annual Salary provisions of this Award (clause 27.2 (a)), and who work on this day must be paid at the rate of Double Time and a Half (250%) with a minimum payment at such rate for four hours worked.
    2. Managers employed under the Salaries Absorption provisions of such Award (clause 27.2(a)) shall be entitled to paid time off that is of equal length to the time worked on the public holiday. This time is to be taken within 28 days of accruing it (clause 27.2(d)).

    Rates of pay where managers are not required to work on such a holiday:
    All managers under this Award (whether they are paid under the Base Annual Salary provisions of this Award or under the Salary Absorption provisions of this Award) who are not required to work on the above holiday will be entitled to take such day as a holiday without loss of pay.

    Rostered day off coinciding with the above holiday:
    1. Managers who are paid under the Base Annual Salary provisions of this Award (clause 27.2 (a)) are entitled to an additional day’s salary or another day off in lieu if their Rostered Day Off falls on this holiday.
    2. Managers employed under the Salaries Absorption provisions of such Award (clause 27.2 (a)) are not entitled to an additional day’s salary or another day in lieu if their Rostered Day off falls on this holiday.
    Employees working under a Collective or Enterprise Agreements are subject to the Public Holidays conditions within that particular agreement.

    *Melbourne Cup Day is an Award Public Holiday but in regional areas this day may be substituted by a local holiday as requested by a regional local government and approved by the Victorian Government, refer to the following pages.

    All of Victoria is entitled to the Melbourne Cup public holiday unless an alternate local holiday has been arranged by non-metropolitan municipality, as listed below.

    Victorian non-metropolitan public holidays 2014:

    Please Note: All of Victoria is entitled to the Melbourne Cup public holiday unless an alternate local holiday has been arranged by non-metropolitan municipality, as listed below.

    2014 Dates: Municipality and Details

    • Thursday 1 May, Moyne Shire - Full day holiday for the whole municipal district to celebrate Warrnambool Cup Day. Warrnambool City - Full day holiday for the whole municipal district to celebrate Warrnambool Cup Day.
    • Wednesday 6 August, Buloke Shire - Full day holiday for the Sea Lake district, including the townships of Nandaly and Berriwillock to celebrate Speed Field Day.
    • Friday 3 October, Yarriambiak Shire - Full day holiday in the township and district of Murtoa to celebrate Murtoa Show Day.
    • Tuesday 7 October, Gannawarra Shire - Full day holiday in the township of Kerang to celebrate Kerang Show Day.
    • Wednesday 8 October, Mildura Rural City - Full day holiday for the area west of and including the township of Boinka and south of the Murray Sunset National Park to celebrate Pinnaroo Show Day. Yarriambiak Shire - Full day holiday in the township of Rupanyup and District to celebrate Rupanyup Show Day.
    • Thursday 9 October, Yarriambiak Shire - Half day holiday in the township of Warracknabeal and District to celebrate Warracknabeal Show Day.
    • Friday 17 October, Golden Plains Shire - Full day holiday for the area east of Wingeel Road, Gumley-Mt Mercer Road and Meredith-Mt Mercer Road to celebrate Royal Geelong Show Day.
    • Wednesday 22 October, Moira Shire - Full day holiday for the Numurkah district to celebrate Numurkah Show Day. City of Greater Geelong - Full day holiday for the whole municipality to celebrate Geelong Cup Day. Buloke Shire - Full day holiday for Wycheproof district, including the township of Nullawil to celebrate the Wycheproof Agricultural and Pastoral Day.
    • Wednesday 29 October, City of Greater Bendigo - Full day holiday in all areas west of the Campaspe River to celebrate Bendigo Cup Day.
    • Friday 31 October, Colac Otway Shire - Full day for the whole municipality to celebrate Colac Show Day.
    • Tuesday 4 November, Yarriambiack Shire – Half day holiday in the township of Warracknambeal to celebrate Melbourne Cup Day.
    • Friday 7 November, Ballarat City - Full day holiday for the whole municipality to celebrate Ballarat Show Day. Golden Plains Shire - Full day holiday for the area west of Wingeel Road, Gumley-Mt Mercer Road and Meredith-Mt Mercer Road to celebrate Ballarat Show Day.

    Non-Metropolitan public holidays are declared in accordance with the Public Holidays Act 1993 and details are published throughout the year.

    Regards,

    JOHN SWEETMAN
    Workplace Relations Advisor

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