Hotel SA November 2023

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