STATEMENT

Fair Work Act 2009
s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

Application to vary the Restaurant Industry Award 2020
(AM2020/36)

Application to vary modern award to achieve the modern awards objective.

[1] On 31 March 2020 we issued a Decision 1 granting an application filed by Restaurant and Catering Industrial (RCI) to insert a new schedule, Schedule I—Award flexibility during the COVID-19 Pandemic, into the Restaurant Industry Award 2020 (the Restaurant Award).2 The new schedule came into operation on 31 March 2020 and will cease to operate on 30 June 2020.

[2] This statement concerns an application to vary Schedule I in the Restaurant Award filed by RCI (the Application). The parties have reached a consent position to extend the operation of Schedule I to 31 July 2020.

[3] Commission staff have prepared an information note on the impact of COVID-19 on employees and employers in the Accommodation and Food services sector.

[4] It is our provisional view, taking into account the relevant s.134 considerations, that the variation as proposed is necessary to achieve the modern awards objective.

[5] Any submission supporting or opposing the Application and our provisional view must be filed by 4pm on Monday 29 June 2020. Submissions should be:

•  sent to chambers.ross.j@fwc.gov.au and include the matter number in the subject line; and

•  filed in word format.

[6] If no submissions are filed opposing the Application and our provisional view we will grant the Application and vary the Restaurant Award accordingly.

[7] If any submissions are filed opposing the Restaurant Application and our provisional views, then a hearing will take place at 11am on Tuesday, 30 June 2020 by telephone.

[8] Any party who wishes to attend the hearing in relation to this matter should send an email to Chambers.Ross.j@fwc.gov.au specifying a name and contact telephone number by 4pm on Monday, 29 June 2020.

[9] In the event that no submissions are filed opposing our provisional view then the hearing proposed for the morning of Tuesday, 30 June 2020 will not be necessary and will be vacated.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2020] FWCFB 1741.

 2   On 12 June 2020, what was previously the Hospitality Industry (General) Award 2010 was varied to become the Hospitality Industry (General) Award 2020.