REVIEW OF RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD SCOPE CLAUSE PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not applicable)

RESPONDENT

CORAM COMMISSION IN COURT SESSION

Chief Commissioner S J Kenner

Senior Commissioner R Cosentino

Commissioner T Emmanuel

DATE THURSday, 12 OCTOBER 2023

FILE NO/S CICS 5 OF 2022

CITATION NO. 2023 WAIRC 00811

Result Order issued

Representation

Ms A Kothapalli and Ms M Williams on behalf of the Hon. Minister for Industrial Relations

Dr T Dymond on behalf of UnionsWA

Ms S Lyon on behalf of the Western Australian Local Government Association

Order

HAVING heard from Ms A Kothapalli and Ms M Williams on behalf of the Hon. Minister for Industrial Relations, Dr T Dymond on behalf of UnionsWA and Ms S Lyon on behalf of the Western Australian Local Government Association, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –

THAT the Restaurant, Tearoom and Catering Workers' Award be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the date of this order.

By the Commission in Court Session

CHIEF COMMISSIONER S J KENNER

SCHEDULE

1. Delete Clause 3 Area and substitute with a new Clause 3 Area as follows:

3. - AREA

(1) This Award has effect throughout Western Australia.

(2) This Award has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this Award.

Note: for a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see s 3(2) of the Industrial Relations Act 1979. Indicators include but are not limited to, whether the employer is:

● domiciled or resident in, or has a place of business in, the State; or

● registered, incorporated, or established under a law of the State; or

● the holder of a licence, lease, tenement, permit, or other authority, granted under a law of the State or by a public authority.

2. Delete Clause 4 Scope and substitute with new a Clause 4 Scope as follows:

4. - SCOPE

(1) This Award applies to all employers (including catering employers) in the restaurant and catering industry, as defined in Clause 6. - Definitions of this Award, and their employees employed in the classifications specified in Clause 21. - Wages of this Award.

(2) This Award also applies to:

(a) employers that supply labour on an on-hire basis to host employers in the restaurant and catering industry in respect of on-hire employees employed in the classifications mentioned in this Award, and those on hire employees, while engaged in the performance of work covered by this Award; and

(b) employers that provide group training services for apprentices and/or trainees in the restaurant and catering industry in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this Award, and those apprentices and/or trainees, while engaged by a host employer in the performance of work covered by this Award.

(3) This Award does not apply employers and employees who are covered by the following awards:

(a) Fast Food Outlets Award 1990.

(b) Club Workers’ Award.

(c) Hotel and Tavern Workers’ Award.

(d) Motel, Hostel, Service Flats and Boarding House Workers’ Award.

(e) The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977.

(4)  This Award does not to employers and employees who are subject to the national industrial relations system.

3. Delete subclauses (1) and (2) of Clause (6) Definitions and substitute with new subclauses (1) and (2) as follows:

(1)                The restaurant and catering industry means:

(a) any restaurant, café, coffee shop, tearoom, dining or meal room, cafeteria, canteen, takeaway or fast food establishment (excluding those establishments covered by the Fast Food Outlets Award 1990); and

(b) any place, building, stand, stall, tent, vehicle or boat or part of such, in or from which food and/or drinks are sold or served for consumption on the premises, including any establishment or place where food is prepared and/or cooked to be sold or served for consumption elsewhere; and

(c) the provision of catering services where meals and/or light refreshments and/or drinks are served and provided in any building or place for weddings, parties, dances, social functions, theatres, festivals, fairs, exhibition buildings, cultural centres, convention centres, entertainment centres, racecourses, showgrounds, sporting grounds, and the like.

(2) Catering Employer means any employer whose primary business is to provide catering and ancillary services for any social, commercial, industrial or other purpose or function.