Mitigate the Risk
As can be determined by the recent publication regarding a high-profile Master Chef George Calombaris' underpayment claims at restaurants named in the proceedings, companies need to be fully aware of and comply with Fair Work employment legislation. The raft of breaches uncovered by the Fair Work Ombudsman during a four-year investigation, included failing to pay minimum award rates, penalty rates, casual loadings, overtime rates, split-shift allowances and annual leave loadings. See Link Reference celebrity chef had underpaid $7.83 million in wages to 515 current and former employees of his hospitality empire.
The Role of the THA
The Tasmanian Hospitality Association in its role within and across the Tasmanian industry including restaurants and cafes is proactive and impress upon all organisations the importance of ensuring businesses large and small are fully aware via education, awareness and support services of all employment compliance requirements. Furthermore, the THA are satisfied that members who have aligned with our services and support provided and continue to provide would satisfy Fair Work Compliance if assessed.
Memorandum of Understanding (MOU) Between the Office of the Fair Work Ombudsman and Australian Hotels Association
The AHA Australian Hotels Association as the national governing body and by the aligned national partnership the Tasmanian Hospitality Association has in place the Memorandum of Understanding (MoU).This MoU is significant for all our members as a strong and transparent working relationship with the industrial regulators and operates as follows;
1.1. The Parties to the Memorandum of Understanding (MoU) are;
1.1.1. The Office of the Fair Work Ombudsman (FWO) which promotes harmonious, productive and cooperative workplaces and compliance with Commonwealth workplace laws
1.1.2. The Australian Hotels Association (AHA) and by association (THA) which provides advice, assistance and representation to members in the hospitality sector, reflecting its membership, and other hospitality businesses (the hospitality sector)
1.2. The relationship between AHA and by association the THA and the Fair Work Ombudsman will be based on the principle of no surprises, constructive engagement, working collaboratively to create and maintain fair and productive workplaces and ensuring a level playing field for all businesses in the hospitality sector.
The purpose of the MoU is to provide a framework for both parties to enhance existing relationships and work together to improve compliance and Commonwealth workplace laws through the provision of accessible, reliable and credible information to workplace participants
4.1. Collaboration will occur primarily through exchanges between AHA and by association THA and FWO representatives
Proactive solutions focused service
THA’s Employment Relations team continue to provide proactive and solutions focused initiatives and “point of difference” services including the THA health check free for members and align with the Fair Work Checklist as we continue to ensure industry education and awareness is readily available.
Should industry organisations have need for services to ensure your business has risk mitigation and compliant practices in place feel free to contact as per below.