Update and develop Hospitality knowledge

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Update and develop Hospitality knowledge

• Week (34)

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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.

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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.

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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.

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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.

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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 . .

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• 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

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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).

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 pay and 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.

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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.

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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.

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RESPONSIBILITIES OF EMPLOYEES

• To act in your employers best interest
• To be accountable to your employer
• To follow your obligations under OHS 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
•  

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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.

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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 Workers
  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.

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• 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.

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Laws and Regulations

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• 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.

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• There are three level of government in Australia
• Commonwealth Government
• State Government
• Local Government

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• 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.

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• 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.

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• 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

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• 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.

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• There are two houses of State Government (the
  Upper House and the Lower House) in every State
  except Queensland, which only has one.

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• 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.

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• 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).

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• 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.

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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).

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• 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.

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• 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 operations needs.
  The agreement must ensure employees are not
  disadvantaged by not being under an award.

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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.

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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.

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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.

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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.

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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

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cont.

• Enterprise policies
• In order to set standards for employees, many
  enterprises establish the following policies.
  These may include
• Code of conduct guidelines - set out how
  employees should behave in an enterprise.
• Ethics policy - sets out the values of an
  enterprise that employees should respect such as
  honesty and integrity.
• Privacy policy - explains how an enterprise
  handles customer information. Employees are not
  permitted to use this information to their
  advantage and the enterprise must not pass on
  this information to any third party, such as a
  marketing company, without notifying the
  customer.

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• 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

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• 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

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• 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

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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

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Legislation

• Legislation
• Most Commonwealth legislation that relates to the
  hospitality industry has State equivalent
  legislation.
• The Commonwealth legislation is usually set first
  and State governments modify the legislation so
  that it can be better implemented in their State.
  Local governments are responsible for
  implementing some legislation. For instance,
  councils employ environmental health officers to
  implement the Food Act.

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Hygiene

• Hygiene
• Legislation Food Act 2003 (NSW)(as amended)
• Main features Covers all aspects of food
  handling and production as well as the
  maintenance of premises where the food is stored,
  prepared and sold.

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Liquor

• Liquor
• Legislation Liquor Act 1982 (NSW)
• Responsible Service of Alcohol (RSA) Regulation
• Main features Covers all aspects of liquor sold
  in a licensed enterprise. It includes licensing
  hours, hours of operation, training staff must
  undertake, the responsibilities of employers in
  selling alcohol, harm minimization, as well as
  offences and legal proceedings.
• Alcohol cannot be sold without a licence and
  only staff with a RSA certificate can serve it.
• RSA provides training on recognising the problems
  of alcohol abuse and knowing when to stop serving
  customers who may be becoming intoxicated.

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Environment

• Environment
• Legislation Smoke Free Environment Act 2000
• (NSW) Main features Makes it illegal to smoke in
  an enclosed public place, thus preventing passive
  smoking.

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Gaming

• Gaming
• Legislation Gaming Machines Act 2005 (NSW) (as
  amended)
• Gaming Machines Regulations 2002 (NSW)
• Responsible Conduct of Gaming/Gambling
• Main features Includes the number of machines a
  venue is permitted to have, signage that must be
  put in place, the dangers of problem gaming,
  actions that must be adopted to address problem
  gamblers such as displays clocks or counselling
  signage, and how prizes should be awarded.
• Ensures that fair practices are used for gaming
  equipment.Staff working in gaming must have a
  RCG certificate to recognise and take action with
  problem gamblers.

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Health and safety

• Health and safety
• Legislation Occupational Health and Safety Act
  2000 (NSW)
• Occupational Health and Safety Regulations 2001
  (NSW)
• Main features Determines what employers and
  employees must do to promote the safety and well
  being of people in the workplace

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Workers compensation

• Workers compensation
• Legislation Workers Compensation Act 1987 (NSW)
  (as amended)
• Workplace Injury Management and Workers
  Compensation Act 1998 (NSW)
• Main features Ensures employees are compensated
  for injury or sickness caused as a result of
  their employment.

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Consumer protection and trade practices

• Consumer protection and trade practices
• Legislation Fair Trading Act 1987 (NSW)
• Trade Practices Act 1974 (Cth) (as amended)
• Main features Governs issues of product safety
  and product information. Ensures that businesses
  do not give false or misleading information in
  relation to products and services.

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Workplace relations

• Workplace relations
• Legislation Workplace Relations Act 1996 (Cth)
  (as amended)
• Workplace Relations Amendment (WorkChoices) Act
  2005
• Main features The aim of these acts is to ensure
  employers and employees negotiate fair wages and
  conditions, and to promote employment, living
  standards and welfare for Australians

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Equal employment opportunity

• Equal employment opportunity
• Legislation Equal Employment Opportunity
  (Commonwealth Authorities) Act 1987 (Cth)
• Equal Opportunity for Women in the workplace Act
  1999 (Cth)
• Main features Ensures that everyone is treated
  fairly and equally when seeking employment.

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Anti-discrimination

• Anti-discrimination
• Legislation The Anti Discrimination Act 1977
• Anti-Discrimination Act 1977 (NSW)
• Sex Discrimination Act 1984 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Main features Ensures that people are not
  discriminated against on the basis of gender,
  religion, race, age, disabilities or sexual
  preferences.

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Anti-discrimination

• Anti-discrimination
• Legislation The Anti Discrimination Act 1977
• Anti-Discrimination Act 1977 (NSW)
• Sex Discrimination Act 1984 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Main features Ensures that people are not
  discriminated against on the basis of gender,
  religion, race, age, disabilities or sexual
  preferences.

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OHS

• Occupational health and safety (OHS)The general
  area of concern in employment which covers the
  physiological and psychological well-being of
  persons engaged in work.
• Employers have a common law duty to take
  reasonable care to guard their employees' health
  and safety at work