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Category: Workplace Relations

Industry Issues, Opinions and Concerns – Workplace Relations

Staff Functions

In the media of late there have been a number of cases concerning ‘out of hours conduct’ related dismissals at the Fair Work Commission (FWC). It may surprise some that in a few of these cases, it has been found that the employee was unfairly dismissed even with the evidence presented it may have seemed obvious that there was a valid reason for dismissal.

When determining whether or not an employee was unfairly dismissed the FWC will take into consideration not only the immediate facts around the dismissal but also whether the dismissal was harsh, unjust or unreasonable. As shown in the recent case of Keenan v Leighton Boral Amey Joint Venture [2015] FWC 3156 (26 June 2015) an employee was found to have sexually harassed female staff and verbally abused his superiors by telling them to f… off during a Christmas Party. The FWC found that most of the activity relating to the reason for dismissal did not constitute the workplace and the presiding Commissioner also found that during the subsequent investigation the ‘substance’ of the allegations were not put to the employee and therefore he was not afforded the proper opportunity to respond.

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Restaurant Industry Award 2010 (RIA) – Changes

Members should be aware of the Restaurant Industry Award 2010 (RIA) changes that have come into effect from the beginning of 2015.

District Allowances
Clause 25.2 of the RIA specifies allowances in certain regional
areas to employees. This ceased on 31st December 2014.

The RIA states that it is no longer a requirement for businesses in areas specified under the Award to pay this allowance after this date however, an employee who suffers a reduction in take home pay as a result of no longer receiving this allowance may make an application for a “Take Home Pay Order”.

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AHA(WA) Members can continue to read more on this by logging into the Members section of the website here.


Remaining topics available to AHA Members only include:
– New Additional Apprentice Conditions (Overtime, Travel Costs and Reimbursement)
– Updated Awards

If you require further information on the changes regarding the Restaurant Industry Award 2010 (RIA), please contact the AHA Workplace Relations team on 08 9321 7701.

Dalton Ryan
Senior Employment & IR Advisor

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