Hospitality Industry

Whilst you can’t unilaterally reduce an employee’s pay (to do so would effectively amount to a termination of their contract, as their pay is a fundamental condition of their employment) you can enter into an agreement with an employee who agrees to take a “pay cut” by consent. Employees should not be coerced or forced to accept a pay cut, and any agreement that you do reach should be recorded clearly in writing, signed by both parties, and be clear about the duration of the temporary variation to pay. You also need to ensure that at no stage are you paying employees below their minimum Award entitlements.

You could mutually agree to amend the contract for a period of time (the duration of COVID-19) and you ensure as an employer, that the employee observes confidentiality and it does not create a conflict of interest to their main employer. This would be fair and reasonable. The JobKeeper legislation contemplates this request and consent also - at least till 28 September 2020.

At a high level, the mandatory code of conduct will provide tenants a waiver or deferral on their rent where the tenant:

• Has a turnover of $50M or less; and
• Is entitled to participate in the JobKeeper Payment programme.

Each bank has a different eligibility criteria to access this support. Generally, this will apply to Small and Medium Enterprises with total lending limits up to $3m, less than $10m turnover and less than 100 employees. We suggest that  you support any request with an explanation as to how your business has been impacted by the COVID—19 pandemic, explaining what costs you have managed to contain or remove and, if possible, assess the impact that the pandemic is likely to have on your revenue and cash flow. If you can provide a 3 - 6 month forecast to support your request this would be very helpful and may speed up the process. If you are a current client of Perks, no matter what services you currently use, we can work with your bank on your behalf.

As the banks grapple with the impact that the COVID-19 pandemic on individuals and businesses we are seeing high wait periods with all the banks. The principle focus for banks at this point in time is assisting their customers who are impacted. Loan applications already ‘in the system’ (both residential and business) are being delayed. We continue to work very closely with the banks for all our clients. If you want us to take a look at your loan, you can expect the initial review and feedback from the Perks Finance team to take up to 5 business days.

At this stage it appears that it is assessed based on your BAS timing. For example, if you are a monthly BAS lodger you need to assess turnover reduction month by month, whereas if quarterly then quarter by quarter basis.

If you are forced to temporarily close down your business due to a stoppage of work that you as an employer cannot be held responsible for (such as a Government ordered closure), then under the Fair Work Act you can stand down employees without pay. Events such as the current COVID-19 pandemic, can place businesses in circumstances where they are unable to usefully employ an employee or group of employees. It is critical that there is a stoppage of work to trigger a stand down. That is, all or part of the business must cease operations in order to lawfully stand employees down without pay. Employers should ask:

• Is there a stoppage of work?
• Is it for a reason reasonably outside my control?
• Can the affected employees be employed to perform useful work?

Always seek advice before utilising the stand down provisions in the Fair Work Act, to ensure they apply to your business.

Genuine casuals are engaged day to day and so if there is no more work to offer them going forward then they are not stood down (nor made redundant or terminated) legally. However you need to check that your casual employees are genuinely classified as casual (not working regular and systematic hours) as that then raises the question of whether the casual is actually genuine. You will need to seek advice specifically regarding the circumstances of your casuals and their working patterns.

There are no grouping provisions from our review of the Bills and Explanatory Memorandum.  Again however, there are anti-avoidance provisions designed to prevent the artificial obtaining of increased or additional boost payments.

Hospitality Industry (General) Award 2010

Through proper consultation between employers and employees, the amendments will:

• Allow employees to work more flexibly across classifications, provided it is safe to do so and the employee has the necessary qualifications;
• Allow full-time employees to work an average of 22.8 to 38 ordinary hours per week, as directed by their employer
• Allow part-time workers to work an average 60% of their guaranteed weekly hours.
• Permit employers to direct employees to take annual leave upon 24 hours' notice,
• Allowing an employer and employee to agree to that annual leave can be taken at half pay.

Whilst these changes will obviously lead to some employees earning less as a result of reductions in hours, it provides employers with an ability to maintain employees in secure employment, even if at a reduced capacity.

Coronavirus Assistance Available

To view your bank's response measures to COVID-19, click on their logo

Information for employers

COVID-19 and the workplace:

https://www.health.gov.au/resources/publications/coronavirus-covid-19-information-for-employers

 

Fairwork basics

Covers off general workplace COVID-19 questions such as:

• • can staff go to work?
  • what should I tell my staff?
  • what precautions should I take when cleaning?
  • can food and water spread coronavirus?
  • how can we help prevent the spread of coronavirus?
  • more information?

https://www.fairwork.gov.au/about-us/news-and-media-releases/website-news/coronavirus-and-australian-workplace-laws

 

Business information essentials

Government site regarding available Support and Assistance for Businesses:

https://www.business.gov.au/Risk-management/Emergency-management/Coronavirus-information-and-support-for-business

 

ATO Newsroom for Small Businesses

https://www.ato.gov.au/Newsroom/smallbusiness/General/COVID-19--information-for-small-businesses/

 

State Support for Businesses

Australian Capital Territory

https://apps.treasury.act.gov.au/budget/covid-19-economic-survival-package

  New South Wales

https://www.revenue.nsw.gov.au/news-media-releases/covid-19-tax-relief-measures

  Northern Territory

https://business.nt.gov.au/recovery/small-business-survival-fund

  Queensland

https://www.business.qld.gov.au/home

  South Australia

https://business.sa.gov.au/COVID-19-business-information-and-support

  Tasmania

https://www.sro.tas.gov.au/Documents/Coronavirus%20business%20stimulus%20package%20factsheet%20-%20State%20Revenue%20Office.pdf

  Victoria

https://www.sro.vic.gov.au/coronavirus

  Western Australia

https://www.wa.gov.au/government/multi-step-guides/payroll-tax-employer-guide/covid-19-relief-payroll-tax-employer-guide

 

 

 

 

 

 

Employer Toolkit Coronavirus (COVID-19)

Our HR Consultancy, Perks People Solutions, has developed an easy to use Employer’s Handbook, which addresses the most common concerns and considerations for Australian workplaces during the COVID-19 crisis. Read more here

Download a customisable Work From Home policy template here.

Personal Mental Health Resources

• • https://www.beyondblue.org.au/
  • https://www.blackdoginstitute.org.au/
  • https://www.lifeline.org.au/
  • https://headtohealth.gov.au/

 

Healthy Workplace Support

• • https://www.headsup.org.au/
  • https://mhfa.com.au/
  • http://www.conversationsmatter.com.au/

 

General Community Wellbeing

A selection of resources to help parents & carers to communicate and support child mental health. Specific resources for COVID-19 communications with children are also available here:

https://emergingminds.com.au/

Australian Resources

National Coronavirus Helpline

Call this line if you are seeking information on coronavirus (COVID-19). The line operates 24 hours a day, seven days a week.

Australian health advice:

Website for free general Australian health advice. Includes easy to understand facts and procedures: https://www.healthdirect.gov.au/coronavirus

• • COVID-19 Symptom Checker (determine whether you should seek further medical advice/ hospital): https://www.healthdirect.gov.au/symptom-checker/tool

 

National status, government response alerts and media releases:  https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert

• • Fact sheets on COVID-19: https://www.health.gov.au/resources/collections/novel-coronavirus-2019-ncov-resources
  • COVID-19 and the workplace: https://www.health.gov.au/resources/publications/coronavirus-covid-19-information-for-employers
  • FAQs: https://www.health.gov.au/resources/publications/coronavirus-covid-19-frequently-asked-questions

  Australian travel restrictions:

Comprehensive advisory including definitions of who can enter Australia, applications for exemptions, media alerts: https://www.homeaffairs.gov.au/news-media/current-alerts/novel-coronavirus

 

General travel related updates and information: https://www.smartraveller.gov.au/COVID-19-australian-travellers

 

State Health Advisory

For up-to-date information regarding reported cases, investigations & measures per State.

Australian Capital Territory

https://www.covid19.act.gov.au/

  New South Wales

https://www.health.nsw.gov.au/Infectious/diseases/Pages/covid-19-latest.aspx

  Northern Territory

https://coronavirus.nt.gov.au/

  Queensland

https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/current-status-and-contact-tracing-alerts

  South Australia

https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/health+topics/health+topics+a+-+z/covid+2019/latest+updates/latest+updates+-+covid-19

  Northern Territory 

https://coronavirus.nt.gov.au/

 

New Zealand Resources

New Zealand health advice:

https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus

  New Zealand travel restrictions:

https://www.safetravel.govt.nz/news/novel-coronavirus-china-covid-19

 

Global Resources

WHO (World Health Organization):

https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public

South Australian COVID-19 Awareness Training COVID-19 awareness training has now been produced by the SA Tourism Commission, specifically for staff in the tourism and hospitality sector.   While not compulsory, this is a useful tool to assist your staff, as it covers the fundamentals of infection prevention and control for COVID-19.  The online training is available free of charge. Users must register, but registration is open to anyone.  Training can be accessed at: https://tourism.sa.gov.au/events-and-industry/industry-support/coronavirus