Hospitality workers win on penalty rates

By Bill Mason

Hospitality workers will keep their penalty rates for after-hours, weekend and holiday work following a landmark decision by the Australian Industrial Relations Commission on March 27. The AIR dismissed an application by the Australian Hotels Association (AHA) to cut penalty rates for their employees.

This is the second major loss for employers on this issue since the Howard government's Workplace Relations Act was passed. Last September, employers lost a case seeking removal of penalty rates from retail industry awards.

In a ruling significant for other federal awards, the commission said the AHA "failed to establish a proper basis for varying the penalty rates provisions".

The Liquor, Hospitality and Miscellaneous Union said the decision had opened up opportunities for workers to pursue further gains in wages and conditions.

UNion joint national secretary Jeff Carr said, "During the case, hotel workers gave evidence that penalty rates are needed to make up for having to miss out on time with their families and friends".

From GLW issue 312