DETERMINATION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Australian Hotels Association
(AM2020/5)

HOSPITALITY INDUSTRY (GENERAL) AWARD 2020
[MA000009]

Application to vary a modern award to remove ambiguity – breaks – Hospitality Industry (General) Award 2020.

A. Further to the Full Bench decision issued by the Fair Work Commission on 20 May 2020 [[2020] FWCFB 2638], the above award is varied as follows:

1. By inserting the following note at the end of clause 16.7:

NOTE: For the purposes of clause 16.7(b) the overtime worked does not compound on the break entitlements under clause 16.2.

EXAMPLE: An employee who works a 7 hour shift, followed by 3 hours of overtime will be entitled to breaks as follows:

(a) for the 7 hour shift, an unpaid meal break of no less than 30 minutes under clause 16.2; and

(b) for the 3 hours of overtime, an additional 20 minute paid rest break under clause 16.7(b).

B. This determination comes into operation from 29 May 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 29 May 2020.

DEPUTY PRESIDENT

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