Correction to loaded rate example

On 10 December 2021, the Fair Work Commission (Commission) issued a determination to correct the rates shown in an example given in Schedule K – Loaded Rate Arrangements of the Hospitality Industry (General) Award 2020 (Award). Schedule K provides for the payment of a Loaded Rate in satisfaction of overtime and other certain penalties, and was introduced into the Award in a Commission decision of 3 September 2021.

What are the changes to the Award?

• The rates given in the example at the end of Schedule K.5.5 have been corrected so the clause will now read as follows:

EXAMPLE: If the employee starts work at 6:00am on a Tuesday, the employer must pay the employee an additional amount of $3.55 in accordance with clause 29.2. If the employee has a split shift where the period between shifts exceeds 3 hours, the additional payment is $1.53, being the difference between the split shift allowances in clause 26.14—Split shift allowance.

When will the changes come into effect?

The changes came into effect on the first full pay period on or after 10 December 2021.

To view the determination click here.

Further information

To view the varied Award from the operative date above click here.
 

Superannuation clauses varied

On 10 December 2021, the Fair Work Commission issued determinations to vary four awards to remove the ambiguity or uncertainty that would arise for employers who presently contribute to InTrust Super which have merged with Hostplus. This merger was formalised on 26 November 2021 with Hostplus becoming the successor superannuation fund while InTrust Super has ceased to operate. The determinations issued set out changes for the Fast Food Industry Award 2010, Fitness Industry Award 2020, Hospitality Industry (General) Award 2020, and Restaurant Industry Award 2020.

What are the changes?

• References to “InTrust Super” replaced by “Hostplus” in the relevant superannuation clauses for the abovementioned awards.

When did the changes come into effect?

The determination comes into operation from the first full pay period that starts on or after 10 December 2021.

To view the decision and determinations click here.

Further information

To view the varied Awards from the operative date above click here.