Hotel SA November 2023
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‘Loophole’ Changes<br />
A Win For <strong>Hotel</strong>s<br />
From the President<br />
DAVID BASHEER<br />
Previous issues of this magazine<br />
have focussed on the Federal<br />
Government’s ‘Closing the<br />
Loopholes’ industrial bill, with an<br />
emphasis on the devastating impact<br />
it would have had on our ability to<br />
employ causals.<br />
The bill, due to be debated in<br />
Federal Parliament next February,<br />
threatened to make the employment<br />
of casuals - as we know it - almost<br />
impossible, and would have severely<br />
eroded the very way we conduct<br />
our business.<br />
Thanks to the incredible efforts of<br />
our national CEO Stephen Ferguson<br />
and his small IR team, along with<br />
Owen Webb in the <strong>SA</strong> office, the<br />
AHA has averted the very worst<br />
aspects of this bill.<br />
Every employer group has signalled<br />
strong concerns about this bill and<br />
its negative impacts on their sector.<br />
The AHA went about its business as<br />
it has always done - avoiding public<br />
debate and doing the deal at the<br />
coal face.<br />
The result is rather than create a<br />
headline, the AHA created a solution.<br />
And once again, we have been<br />
recognised by government as a<br />
voice of reason.<br />
I would like to reinforce the<br />
comments of our national office<br />
in thanking the Minister for<br />
Employment and Workplace<br />
Relations, Tony Burke, for taking the<br />
time to listen to our concerns and<br />
taking actions to address them.<br />
While there is still work to be done,<br />
we now have certainty for casual<br />
workers who want to remain exactly<br />
that – casual workers.<br />
In our national media release, our<br />
CEO Stephen Ferguson said the<br />
outcome was “good news for both<br />
casuals and employers alike.”<br />
“The simple fact is many hospitality<br />
workers do actually prefer casual<br />
“The simple fact is many hospitality<br />
workers do actually prefer casual<br />
employment, given the 25% wage<br />
loading and the flexibility to refuse<br />
shifts.”<br />
employment, given the 25% wage<br />
loading and the flexibility to refuse<br />
shifts.<br />
“Our concern with the original<br />
Bill was that employers would no<br />
longer be able to provider systemic<br />
regular casual employment to those<br />
workers who were happy with it.<br />
“The amendments which have been<br />
committed to provide much more<br />
certainty and fairness for workers<br />
and employers and can be chalked<br />
up as a win for both.”<br />
“They strike the right balance.”<br />
Our Association also welcomes a<br />
commitment by the Government to<br />
remove the civil penalty provision<br />
relating to misrepresentation of<br />
casual employment in the Bill.<br />
Any mistakes, disputes or questions<br />
will be able to be dealt with by the<br />
independent umpire, the Fair Work<br />
Commission.<br />
The nature of our businesses which<br />
is a world away from the ‘Monday<br />
to Friday, 9-5’ environment means<br />
casuals will always be at the heart<br />
of our rostering.<br />
And our pubs give so many people<br />
their first job in life. Give University<br />
students the chance to fund their<br />
studies. The change in approach by<br />
the Federal Government last week<br />
has ensured that can continue.<br />
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