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AHA(WA) e-Newsletter - Saturday 28 February 2015 28.02.15
LEAD STORIES
Easter Trading Hours
ANZAC Day Trading Hours
AHA NAB Golf Classic 2015
Entertainment Conditions
DRGL Unified Regulatory System Goes Live
Support your Suppliers and Win!
Reminder to Nominate - 2015 WA's Best Steak Sandwich Competition
TOURISM NEWS
Register now for Tourism WA's free Marketing Forum
WORKPLACE RELATIONS
Campaign of "obfuscation" results in $84,500 penalty for Gold Coast restaurant
457 Breaches
Online Assistance for Small Business
Court Action over Alleged Breaches
Unfair Dismissal
Superannuation Audit
LEAD STORIES
Easter Trading Hours
Please find below information regarding Trading Hour General Conditions, Extended Trading
Permits and Surcharge for the Easter Public Holidays. For more information relating to Staff Public
Holiday Entitlements visit the Workplace Relations Latest News Section in the Members Area of the
AHA website by clicking here.
Important note: Venues can open for breakfast on Good Friday, but NO Liquor is to be sold,
supplied or consumed on the premises before 12 noon.
HOTEL, TAVERN & SMALL BAR
Day When General
Conditions
Open Close
April 2
(Thursday)
6.00am Midnight (ETP not
valid)
April 3
(Good
Friday)
12noon 10.00pm (ETP not
valid)
Liquor maybe
supplied at any
time to lodger.
For all other
patrons, service of
liquor is only
allowed ancillary to
a meal* supplied
by the licensee.
April 4
(Easter
Saturday)
6.00am Midnight (ETP valid) Trade as per usual.
April 5
(Easter
Sunday)
10.00am 10.00pm (ETP
valid) Trade as per usual.
Easter
Monday
April 6
(Easter
Monday)
6.00am Midnight (ETP not)
Extended Trading Permits:
The majority of ongoing Extended Trading Permits will also contain specific conditions relating to
Good Friday.
You will need to read through your permit to ensure you do not breach any of these conditions.
“No trading is permitted on Good Friday, Christmas Day or before noon on ANZAC Day.”
This means that if you normally trade beyond midnight on Thursdays and/or Fridays, you will not
be permitted to trade under your ETP on Thursday April 2 or Friday April 3.
SPECIAL FACILITY LICENCES
Trading hours are as specified under the trading conditions on
each individual licence and there are normally restrictions for
trading on Good Friday. Please check the trading conditions
stipulated on your licence.
Day When General
Conditions
Open Close
April 2
(Thursday)
Trade as per
usual
April 3 (Good
Friday)
At any time - (LWOM ETP not
valid this day)
(ancillary to a
meal* only)
April 4
(Easter
Saturday)
Trade as per
usual
April 5
(Easter
Sunday)
At any time - (LWOM ETP
valid)
Trade as per
usual
April 6
(Easter
Monday)
Trade as per
usual
RESTAURANTS
*A meal as defined by the Liquor Control Act 1988 means food –
(a) Eaten by a person sitting at a table, with cutlery provided for the purpose of eating the food;
and
(b) That is of sufficient substance as to be ordinarily accepted as a meal.
Restaurant Licence:
There is no restriction on a restaurant licence on Good Friday.
If operating under an ETP – Liquor without a meal, the permit is only valid
- Monday to Saturday between the hours of 6am and 12 midnight; and
- Sunday from 10 am to 10 pm;
- No trading permitted on Good Friday or before noon on Anzac Day.
Surcharge:
Venues that charge a surcharge do not need to provide a separate menu, price list or include a
separate price column with the surcharge factored in.
What you must do however;-
The menu must include the words “a surcharge of [percentage] applies on [the specified
day or days]” and these words must be displayed at least as prominently as the most prominent
price on the menu.
These words must be displayed in a way that is conspicuous and visible to a reader.
These measures apply to pricing for both food and beverages.
If you require further information or clarification on your trading hours or menus,
please contact Wanda Daniels at AHA on 9321 7701 or [email protected]
If you require additional information in relation to staff public holiday entitlements,
please contact Dalton Ryan on 9321 7701 or [email protected]
ANZAC Day Trading Hours
Please find below information regarding Trading Hour General Conditions, Extended Trading
Permits and Surcharge for the ANZAC Public Holiday. For more information relating to Staff Public
Holiday Entitlements visit the Workplace Relations Latest News Section in the Members Area of the
AHA website by clicking here.
Important note: Venues can open for breakfast on Anzac Day, but NO Liquor is to be sold,
supplied or consumed on the premises before 12 noon.
HOTEL, TAVERN & SMALL BAR
Day When General
Conditions
Open Close
Pre-ANZAC
DAY
April 24
(Friday)
6.00am Midnight (ETP valid)
ANZAC Day
April
25 (Saturday)
12noon Midnight (ETP valid)
Prior to 12 noon;
Hotels, taverns
and small bars
may seek a permit
for a private
function being
held specifically
for RSL members
and their guests.
General public will
NOT be allowed
entry to the
function.
Liquor maybe
supplied at any
time to a lodger.
Post ANZAC
Day
April
26 (Sunday)
10.00am 10.00pm (ETP valid) Trade as per
usual.
ANZAC Day
Public Holiday
April
27 (Monday)
6.00am Midnight (ETP valid) Trade as per
usual.
Extended Trading Permits:
The majority of ongoing Extended Trading Permits will also contain specific conditions relating to
ANZAC Day.
You will need to read through your permit to ensure you do not breach any of these conditions.
“No trading is permitted on Good Friday, Christmas Day or before noon on ANZAC Day.”
This means that if you normally trade beyond midnight on Thursdays and/or Fridays, you will not
be permitted to trade under your ETP on Thursday April 23 or Friday April 24.
SPECIAL FACILITY LICENCES
Trading hours are as specified under the trading conditions on
each individual licence and there are normally restrictions for
trading on ANZAC Day. Please check the trading conditions
stipulated on your licence.
RESTAURANTS
Day When General
Conditions
Open Close
ANZAC Day
April
25 (Saturday)
Until 3.00am ANZAC Day
morning; then,
(ancillary to a
meal* only)
Any time after 12noon ANZAC
Day.
(LWM ETP valid from 12noon
only)
*A meal as defined by the Liquor Control Act 1988 means food –
(a) Eaten by a person sitting at a table, with cutlery provided for the purpose of eating the food;
and
(b) That is of sufficient substance as to be ordinarily accepted as a meal.
Restaurant Licence:
The only restrictions on a restaurant licence is that there is NO trading between 3am and 12noon
on ANZAC Day.
If operating under an ETP – Liquor without a meal, the permit is only valid
- Monday to Saturday between the hours of 6am and 12 midnight; and
- Sunday from 10 am to 10 pm;
- No trading permitted on Good Friday or before noon on Anzac Day.
Surcharge:
Venues that charge a surcharge do not need to provide a separate menu, price list or include a
separate price column with the surcharge factored in.
What you must do however;-
The menu must include the words “a surcharge of [percentage] applies on [the specified
day or days]” and these words must be displayed at least as prominently as the most prominent
price on the menu.
These words must be displayed in a way that is conspicuous and visible to a reader.
These measures apply to pricing for both food and beverages.
If you require further information or clarification on your trading hours or menus,
please contact Wanda Daniels at AHA on 9321 7701 or [email protected]
If you require additional information in relation to staff public holiday entitlements,
please contact Dalton Ryan on 9321 7701 or [email protected]
AHA NAB Golf Classic 2015
The AHA NAB Golf Classic was a four ball ambrose event attracting a
mixture of teams from corporate sponsors, hoteliers, accommodation
properties and corporate suppliers. Teams braved the heat at Joondalup
Resort& Country Club on Tuesday to enjoy a day's game and evening
presentations while networking with industry peers.
Congratulations goes to the winning team Merriwa Tavern, second place
team Retravision and third placed Seashells Hospitality.
To view photos from the day and a list of the novelty prize winners click here to visit the AHA
website.
Entertainment Conditions
In recent weeks, numerous questions have been raised by members regarding the type of
entertainment permitted under the standard and amended entertainment conditions.
If you have any concerns regarding your condition and how entertainment can be provided at your
venue, please click on this link for further information.
*Please note that the article contains explicit language due to the nature of the
content*
DRGL Unified Regulatory System Goes Live
DRGL LAUNCHES NEW LIQUOR AND GAMBLING PORTAL ON MARCH 16 2015
The Department of Racing, Gaming and Liquor (DRGL) has advised that it will replace multiple
ageing and disparate systems with a single licensing and compliance solution which is scheduled
to go live March 16, 2015.
The Unified Regulatory System (URS) includes a new portal and other technological systems that
will allow DRGL to improve and expand the online functions available to liquor and gambling
licensees and other stakeholders.
Complete all application by March 12
A total shutdown of the system will take effect from COB on March 12.
Saved or partially completed applications will not be migrated from the old to the new system.
Members are encouraged to complete all pending applications by COB March 12 or are reminded
they will need to be re-submitted.
Approved manager applications
No applications for approved managers will be able to be lodged during the transition period from
10 March to 15 March
Approved manager applications should be lodged online and subsequently lodged at Australia Post
no later than Monday 9 March 2015. After that date the application summary will no longer be
accepted at Australia Post and applicants will need to submit new online applications when the
new system goes live on the 16 March.
While the transition between systems is expected to be completed over the weekend of March 14
and 15, DRGL has asked that customers be patient from the go-live date as DRGL adapt to the
new URS.
It is hoped that the implementation of the URS will provide significantly improved and expanded
online services, and in time most liquor and gambling applications and returns will be able to be
submitted through the portal.
Further information or assistance
If you have any questions or experience any issues with the portal, please contact DRGL by
emailing [email protected] or calling (08) 9425 1888.
Support your Suppliers and Win!
Vote for your favourite suppliers online and go into the draw to win a night's
accommodation at Crown Metropol and two tickets to the WA Hospitality
Supplier Awards on Monday 18 May.
Support the people that support your venue.
Click here to lodge your vote.
Reminder to Nominate - 2015 WA's Best Steak Sandwich Competition
Don’t miss out on taking part in this year's Steak Sandwich Competition.
Open to metropolitan and regional venues, the competition is a great chance
to promote your steak sandwich and encourage visitation to your venue.
Nominations can be completed online, finalists are determined through
general public and venue patron voting. This process determines five
metropolitan and five regional finalists to complete in the AHA Hospitality
Expo cook-offs on 19 & 20 May. The two cook-off winners receive automatic
entry as the sole finalists in the AHA Hotel & Hospitality Awards for Excellence ' WA's Best Steak
Sandwich' category.
Click here to enter your venue now.
TOURISM NEWS
Register now for Tourism WA's free Marketing Forum
Tourism operators are invited to attend the Tourism WA International and Domestic Marketing
Forum, to be held on Thursday, April 16 in Perth.
International and domestic market managers will present their top line 2015-16 plans, providing a
great opportunity to learn about how your product or service can benefit. In addition, ATEC &
TCWA will present Market Ready sessions throughout the day for anyone wanting to connect with
International Marketing.
To register for this free event, submit your interest via email by March 13, 2015. For more
information visit the Tourism WA corporate website.
WORKPLACE RELATIONS
Campaign of "obfuscation" results in $84,500 penalty for Gold Coast
restaurant
The operators of a Gold Coast restaurant have been fined a total of $84,500 after engaging in a
campaign of “obfuscation” aimed at avoiding having to back-pay nine employees who had been
short-changed almost $17,000.
The Fair Work Ombudsman put the matter before the Federal Circuit Court in Brisbane after the
restaurant failed to co-operate with its efforts to resolve the matter by agreement.
Judge Michael Jarrett has now found that the restaurant deliberately tried to avoid its obligations
to its underpaid staff.
The Hub@Varsity - a tapas bar and restaurant at Varsity Lakes - underpaid the workers a total of
$16,881 in wages and entitlements between December, 2011 and December, 2012.
The venue’s manager and part-owner, Graham John Bell, has been fined $14,500 and his family
company, The Hub@Mermaid Pty Ltd, a further $70,000.
The Court has also ordered the company to undertake a self-audit of its 2013-14 financial year
pay practices at the restaurant and to report back on its findings to the Fair Work Ombudsman
within three months.
The underpaid employees worked as kitchen hands, cooks and waiters and included one worker
aged 19-20 who was short-changed $6027.
After receiving complaints from employees in 2012, Fair Work inspectors contacted Bell to try to
resolve the matter, but Judge Jarrett found that he was “entirely uncooperative”.
“A series of appointments were made and were either rescheduled or simply not kept,” Judge
Jarrett says in his penalty decision.
The Fair Work Ombudsman issued Notices to Produce employment documents and ultimately a
Compliance Notice in 2013 requiring back-payment of nine employees.
Judge Jarrett found that Bell and his company chose to ignore them and behave in a “highly
evasive” manner, which obstructed the investigation and made it difficult for inspectors to
determine amounts owed to employees.
He found that Bell, on behalf of the restaurant, had taken “deliberate action” to avoid
responsibilities to employees and engaged in “nothing more than obfuscation and avoidance”.
Judge Jarrett said the underpayments were a serious failure to pay the most basic Award
provisions and were “especially egregious” for the employees.
“These are young, relatively unskilled workers earning low rates of pay,” he said.
“Two of the employees were not paid at all and of the remaining seven, six were not paid between
70 and 85 per cent of their entitlement.”
The underpayments were finally rectified in June last year.
Judge Jarrett said there was a need to send a warning to other employers and to ensure
compliance with minimum standards to “ensure that there is a level playing field for employers in
relation to wage costs”.
“The nature of the breaches and the flagrant disregard of the (Fair Work Ombudsman’s) attempts
to investigate and resolve this matter call for a high penalty,” he said.
Judge Jarrett said the failure to issue pay slips to staff was also a serious breach because it
disempowered employees by making it more difficult for them to check they had been paid
correctly.
Fair Work Ombudsman Natalie James says underpaying employees’ basic entitlements and then
refusing to co-operate with inspectors is a recipe for enforcement action by the Agency.
“We made extensive efforts to resolve this matter outside the Courts, but were left with no option
to commence legal action because of the complete lack of co-operation we encountered,” Ms
James said.
“Our first preference is always to work with employers to assist them to rectify their non-
compliance co-operatively, but we will not tolerate employers not taking our correspondence and
demands seriously.”
Under the Fair Work Act, employers must comply with requests from Fair Work inspectors to
provide records relating to employees and former employees.
Employers must also comply with Compliance Notices issued by Fair Work inspectors or make a
Court application for a review of the Compliance Notice if they are seeking to challenge it.
Workplace laws also stipulate that employers must provide employees with a pay slip within one
working day of pay day.
Source: Fair Work Ombudsman media alert on 24/2/2015
457 Breaches
A restaurant in Melbourne has had its 457 visa sponsorship agreement cancelled and will be
barred from the visa programme for five years after failing to meet a range of sponsorship
obligations, including providing equivalent pay and conditions.
One employee's salary fluctuated based on daily takings and another employee was underpaid
by more than $4000. Assistant Minister for Immigration and Border Protection, Senator the Hon
Michaelia Cash, said the case serves as a warning to other 457 visa sponsors to uphold their
responsibilities and act lawfully.
'This action by the Department of Immigration and Border Protection is a result of months of
monitoring,' Minister Cash said.
'The business failed to maintain its responsibilities on a number of fronts, including the
obligation to keep records, to provide equivalent terms and conditions, and to not
provide false and misleading information.'
The infringement notice was issued in August 2014, and included a fine of $15,300 for failing to
keep records. In January 2015, further breaches of obligations were found and the sponsorship
agreement was cancelled and a five year ban was placed on future applications.
'The Department is constantly monitoring 457 sponsors to ensure they are operating
appropriately. Businesses acting in good faith have nothing to fear, but we want to send a strong
message that if you breach your obligations, you can expect to face the consequences, including
fines and cancellation of your sponsorship,' Minister Cash said.
'The Department of Immigration and Border Protection's last Annual Report shows the number of
sponsors monitored in 2013-14 increased by almost 20 per cent compared to the previous year.'
The number of sponsors sanctioned in 2013-14 increased by 68 per cent compared to the previous
year.
Source: Department of Immigration & Border Protection
Online Assistance for Small Businesses
WorkSafe has launched the Small Business Safety web page to help small businesses comply with
their workplace safety and health obligations.
WorkSafe WA Commissioner Lex McCulloch today welcomed WA’s 209,000 small businesses to the
website and invited them to complete the page’s simple questionnaire.
“Once completed, the questionnaire provides small business owners with a tailored checklist of the
work safety issues they need to address in their workplaces,” Mr McCulloch said.
“The questionnaire also links to simplified versions of other WorkSafe documents that will help
small businesses develop appropriate systems to establish and maintain safe work environments.
“Around 97 per cent of businesses trading in WA are classified as small businesses. They employ
around 514,000 people and provide up to 42 per cent of all goods exported, making them a very
important part of WA’s economy.
“Making and keeping these workplaces safe and healthy is crucial, and this new web page aims to
support small business by providing the information they require to comply with occupational
safety and health legislation.
“Being web-based, this information is available 24 hours a day, seven days a week, catering for
small business owners and employers who we are aware do not have a lot of spare time during
the working day.
“I urge WA small business owners to go to the website, complete the simple questionnaire, look at
the extra information provided and start addressing the work safety issues that appear in their
tailored checklist.
“Research has shown that many small businesses do not know where to start in ensuring their
workplaces are safe, and this website will make it much easier for them to begin the process”.
Source: WorkSafe Website
Court Action over Alleged Breaches
Two Adelaide businesses will face court after refusing to pay fines for their alleged failure to
regularly issue payslips to overseas workers recruited from China and India.
The Fair Work Ombudsman has announced it is taking legal action against businesses, a Chinese
restaurant and a mobile device repair business, after they refused to pay $850 and $550 fines for
their alleged workplace contraventions.
Dragon Tea House and Mobizone each face maximum penalties of up to $25,500, while Ms Zhou
and Mr Kebbe each face maximum penalties of up to $5100.
The Fair Work Ombudsman audited the two businesses last year as part of its monitoring activity
of employers who recruit staff on 457 skilled worker visas.
Dragon Tea House was allegedly failing to issue payslips to a restaurant manager on a 457 visa
and a front-of-house employee on a student visa.
Mobizone allegedly issued payslips infrequently to an Indian telecommunications technician on a
457 visa, and only when he asked for them.
The Fair Work Act requires employers to issue employees with payslips within one working
day of paying their wages.
Fair Work inspectors issued Dragon Tea House with an $850 Infringement Notice and Mobizone
with a $550 Infringement Notice, both to be paid within 28 days.
Under workplace law, employers must pay Infringement Notice penalties within the specified
period or make a written application for the Notice to be withdrawn.
Source: Fair Work Ombudsman Website.
Unfair Dismissal
A sales assistant dismissed for alleged theft has been awarded nearly $30,000 after the Fair Work
Commission found no justification for her employer behaviour in sacking her and reporting her to
the police.
Deputy President Asbury said the company’s Managing Director acted appallingly in dismissing the
sales assistant, who had worked for the business for more than three years, for unfounded
accusations based on decreased sales and deleted invoices.
Upon investigation the company had been unable to provide the employee, the Commission or the
Police with any proof that the alleged theft had even occurred.
The Commission found that taking into account that the company was a small business without
human resources expertise, there was still no justification for "the appalling manner" in which the
managing director subjected the employee to "baseless and extremely damaging allegations" and
summary dismissal.
The employee was able to produce documentary evidence of her sales over the period of the
alleged fraud and gave explanations for the deleted invoices when her employer made the
allegations, but was told she could only keep her job if she admitted her guilt and repaid the
money.
The Commission said that the termination was not consistent with the Small Business Fair
Dismissal Code that applies to business with 14 or less staff and that It was also harsh due to the
personal and economic consequences for the employee, unjust because the employee was not
guilty of the conduct alleged against her, and unreasonable because it was based on inferences
that could not reasonably have been drawn from the evidence.
The Commission ordered the company to pay the former employee $29,000.
Elton v Acupuncture Australia Pty Ltd [2015] FWC 864 (Feb 4)
The importance of following procedural fairness and ensuring there is a valid reason for a
dismissal is paramount mitigating the risk of an unfair dismissal.
Employment Relations Courses
AHA(WA) is conducting the Performance & Termination Seminar on the following dates;
11 March 2015- Geraldton
24 March 2015- Broome
These courses are strongly recommended for those that manage and supervise staff.
For further information on the courses including how to book, call the Training Department on
9321 7701 or follow this link
http://www.ahawa.asn.au/training/employment_relations_workshops.phtml
Superannuation Audit
The Australian Taxation Office will be conducting an audit on superannuation payments to workers
within the hospitality industry from July 2015.
Members are advised to ensure the following superannuation obligations are being met, these are:
Contribute at a rate of 9.5%;
Make contributions by the quarterly cut-off dates (28 October, 28 January, 28 April, 28 July);
Pay super for eligible contractors, even if the contractor quotes an Australian Business
Number;
Keep accurate records including recording super contributions on pay slips for workers
employed by Constitutional Corporations;
Give an employee's tax file number to their super fund within 14 days of receiving it; and
Lodge a Superannuation Guarantee Charge Statement quarterly if they have not paid the correct
amount by the cut-off date.
Contact the Workplace Relations Department on 9321 7701 if you require any further
information.
