HOSPITALITY NEWS

Annual Leave Requests for AFL Finals

AHA talks up WA tourism and hospitality

Dedicated Tourism Minister recognises Industry’s economic potential

Invitation to Ecotourism Development Forum

Gourmet Escape Ticket Offer – Save 20%!

WORKPLACE RELATIONS AND REGULATIONS NEWS

Juveniles & Licensed Venues

Apprentice Chefs Available

HOSPITALITY NEWS

Annual Leave Requests for AFL Finals

Most AHA members have reported that the good form of Western Australia’s football teams has been great for

business. However, our Workplace Relations team has received a number of queries from members whose staff have

requested leave to attend the AFL Grand Final in Melbourne.

The AFL Grand Final tends to be a busy time for many of our members, and clearly it’s not convenient to have large

numbers of staff all on annual leave at this time. In these circumstances, members have asked whether they are entitled

to refuse a request for annual leave.

Generally, it is up to each employee and employer to agree on when and for how long annual leave may be

taken. Employers cannot unreasonably refuse requests for annual leave. However, employees need to be reminded that

they are only entitled to take their annual leave at times agreed with the business and subject to operational

requirements. Therefore, generally members will be entitled to refuse requests for leave during the AFL Grand Final if it

does not suit their business.

A recent decision of the Fair Work Commission (“FWC”) provides a good example of the implications for employees who

choose to take leave without approval.

In this case, an employee who was a self-confessed "tennis tragic" failed to obtain approval for annual leave to attend the

Australian Open tennis tournament. Her manager advised that she was required to attend work as normal and that a

failure to do so may lead to her dismissal.

Despite this, the employee still travelled to Melbourne to attend the tennis.

Following her return to work, the employee was told that her behaviour was unacceptable and was asked to show cause

as to why she should not be dismissed. She was unable to provide an acceptable explanation and was dismissed.

She challenged her dismissal before the FWC. The FWC found that her refusal to attend work and instead go to a sporting

event was "wilful, deliberate and inconsistent" with her conditions of employment. In these circumstances, the employer

was entitled to terminate her employment.

Members with queries in this area should contact the Workplace Relations team on 9321 7701 to discuss.

AHA talks up WA tourism and hospitality

Watch AHA(WA) Deputy CEO, Paul Brockschlager talk to Channel 9 about this weekend’s footy finals and what it means for

Western Australian hospitality.

AHA(WA) CEO, Bradley Woods also spoke with Channel 9. Watch it here.

Dedicated Tourism Minister recognises Industry's economic potential

The appointment of Senator Richard Colbeck as a Minister for Tourism in the new Malcolm Turnbull-led federal

government is an encouraging sign that the value and importance of tourism is being recognised.

While tourism has been well served at cabinet level in the Abbott government by trade minister Andrew Robb, the

industry deserved its own voice in government.

A seat at the cabinet table for tourism would have been preferable however we are confident that Senator Colbeck will

represent tourism strongly.

With senator Colbeck coming from Tasmania, he will know the importance of tourism and its potential to create jobs and

generate income.

The AHA will be calling on him to address a number of major issues that require urgent attention to drive future demand

and ensure the industry is both competitive and responsive to the changing market conditions.

This includes ensuring workplace conditions are conducive to maximising the potential of businesses and growing

employment. There needs to be a clampdown on unregulated commercial accommodation, and there needs to be a

continued priority for government to invest in tourism-related infrastructure, promotion and events to drive future

international and domestic demand.

The importance of the industry will require the continued support of Andrew Robb at cabinet level, as trade relations –

particularly the free trade agreements – will have profound implications for the growth of tourism from Asia. It will be

essential for tourism to be aligned to future trade liberalisation.

Invitation to Ecotourism Development Forum

Tourism Western Australia and the Department of Parks and Wildlife invite you to a specialist Forum on Ecotourism

Development in Australia.

Monday, 16 November 2015

10.30 – 2.00pm

WA Maritime Museum, Victoria Quay, Fremantle

Register to join the discussion with leading Australian and international industry owners, developers and operators.

FACET is delighted to support Tourism WA with the delivery of this exciting and important event for ecotourism in

Western Australia.

For more information or to register online visit: http://www.facet.asn.au/events.aspx

Limited spaces available: Register by Friday, 16 October.

Gourmet Escape Ticket Offer - Save 20%!

Gourmet Village Sunday Session

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It’s not just Marco that’s excited… so too are Rick Stein, Sat Bains, Guillaume Brahimi, Jock Zonfrillo, Adriano Zumbo,

George Calombaris, Matt Moran and Tetsuya Wakuda (just to name a few). Explore the heart of the festival, the Gourmet

Village at the beautiful Leeuwin Estate Winery or attend one of the many Satellite Events, such as indulgent dinners, An

Audience with Marco Pierre White or The Food Quiz with culinary greats and more!

WORKPLACE RELATIONS AND REGULATIONS

Juveniles and Licensed Venues

One of the most common enquires received from members is in relation to juveniles being permitted at their venue.

The definition of Juvenile in the Liquor Control Act 1988 (the Act) is defined as - a person under the age of 18 years.

It is important to remember that there is no requirement in the Act to “receive” juveniles at your venue. This means that if

you decide your venue is going to be an 18+ only venue, you have the right to do so, as long as you make it clear in your

advertising that this is the case. Furthermore, you may develop a house policy on when and how juveniles are permitted

onto your venue and incorporate this into your Management Plan.

Juveniles are permitted to be on a licensed venue when accompanied by, and under the supervision of a responsible adult.

A person is considered to be a ‘responsible adult’ for the purposes of the Act, if that person is in ‘loco parentis’ (meaning

in place of parent) of the juvenile. A legal guardian, parent, step-parent or any other person who has control of and

responsibility for a juvenile could be considered a responsible adult (although as highlighted above, the decision to allow

entry is entirely at the discretion of the licensee).

The Department of Racing, Gaming and Liquor (DRGL) is very specific on how and in what capacity juveniles are permitted

to be on a licensed venue.

Below is a snap shot of the three options available and their respective requirements;

1. Juveniles - Present on Licensed Venue for Reasons Other Than Work / Training

As an unaccompanied lodger at the venue

o s120(1)(b) – juvenile is a family member of;

the licensee

manager of the venue

an occupier of the venue

a person employed on the venue and resides there or

a lodger

o s120(1)(c) – Juvenile is on the venue for the purpose of obtaining a meal. The venue in question must either

hold aRestaurant licence; or be any other category of liquor license where part of the venue is set apart

primarily for the supply of meals. I.e. a Hotel or Tavern license where people are seated and provided with

cutlery for the purpose of obtaining a meal.

o s120(1)(f) – Juvenile is on licensed venue to carry out a lawful business. I.e. an apprentice plumber, member of

the band etc.

o s120(2) – If there is no other convenient means of passage, a juvenile is permitted to pass to or from some

part of the venue.

Other permitted reasons can be found through this link http://www.rgl.wa.gov.au/docs/default-

source/rgl/juveniles_present_on_licensed_premises_for_reasons_other_than_work_training.pdf?sfvrsn=0

2. Juveniles Employed or Engaged in the Service of Alcohol

A juvenile may work at a licensed venue in the service of liquor ancillary to a meal only, with the prior approval of the

Director of Liquor Licensing

Juvenile must be 16yrs or older

Must be enrolled in a VET course or accredited education course

Juvenile must be supervised at all times

Service of alcohol by the juvenile is ancillary to a meal

Service of alcohol includes:

- conveying liquor to/from a customer’s table;

- taking orders/payment for liquor;

- clearing glasses / ‘glassie’;

- stocking mini-bars in hotel rooms;

- delivering liquor to a guest’s room;

- carrying liquor to a customer’s vehicle

You will be required to obtain prior approval from DRGL for the employment of a juvenile by providing DRGL with the

following details;

the name, address and date of birth of the juvenile;

documentary evidence of the juvenile’s enrolment in one of the approved VET or accredited higher education courses;

documentary evidence of the agreement between the licensee, juvenile and educational institution in respect of the

approved VET course; and

confirmation from the venue that the juvenile will be supervised at all times while on the licensed venue and that the

service of liquor will be ancillary to a meal only.

In considering these applications, the Director will have regard to the reputation, management practices and history of

the licensed venue.

3. Juveniles Engaged in Work Experience on Licensed Venue

These courses are considered to be part of school work experience programmes and the students must be at least 15

years old;

Approval must be sought by DRGL prior to the juvenile starts work experience on the venue;

If approval is granted by DRGL; it is subject to a condition that the juvenile can only be present on the licensed venue

for the purpose of training.

Therefore the juvenile cannot be involved in the sale, supply or serving of liquor.

Service of alcohol includes;

- conveying liquor to/from a customer's table;

- taking orders/payment for liquor;

- clearing glasses/'glassie';

- stocking mini-bars in hotel rooms;

- delivering liquor to a guest's room;

- carrying liquor to a customer's vehicle

In this circumstance, either you or the relevant training institution must lodge and obtain prior approval from DRGL for the

juvenile and provide to DRGL;

details of the school or training institution which conducts the course;

the name of each student who will be present on licensed venue;

details of the licensed venue at which each of the students will be present;

advice as to the dates that the students are expected to be present on licensed venue; and

confirmation from the school that the attendance of the juvenile on the licensed venue is a required component of the

course;

Once approval is given, a letter from the Director will be issued to the school or training institution advising that the

named juveniles engaged in the particular course are granted approval to be on licensed venue in accordance with

section 121(5)(c) of the Act;

Each student should be issued with a copy of the Director's letter of approval, together with a letter from their school

evidencing the student’s enrolment in the course and their attendance pattern at the venue (that is; the days and

times).

In scenarios 2 & 3 above, the correspondence can be sent to DRGL either via

• Post: PO Box 6119, East Perth, Western Australia, 6892

• Email: rgl@rgl.wa.gov.au

• Fax: 08 9325 1041

• In Person: Level 1, 87 Adelaide Terrace, East Perth

The DRGL policies providing further guidance on the instances above can be found here;

http://www.rgl.wa.gov.au/docs/default-

source/rgl/juveniles_present_on_licensed_venue_for_reasons_other_than_work_training.pdf?sfvrsn=0

o http://www.rgl.wa.gov.au/docs/default-

source/rgl/juveniles_working_training_on_licensed_venue.pdf?sfvrsn=0

Apprentice Chefs Available

Looking for apprentice Chefs? HGT has several keen apprentice chefs looking for

work and keen to finish their trades.

Recruiting staff is a year round activity for Hospitality Group Training (HGT). HGT pre-

screens candidates who are looking for work within the hospitality industry so they

are ready to start work when you need them urgently.

Who is HGT?

HGT is a Group Training Organisation which means they will employ the apprentices/trainees on your behalf, this

means you don’t have to commit to employing apprentices/trainees over long periods and apprentice placements can be

provided anywhere from 3 months onwards. You also have the flexibility of sending them back to HGT if you no longer

require them and they will source alternative venues to allow them to complete their apprenticeship or traineeship.

If you are an employer click here to view Available Candidates. The HGT Apprentice Chefs and Hospitality Trainees list is

updated regularly.

Please call Emma or Gavin at Hospitality Group Training on 9481 1602 or by

emailing emma@hgtwa.com.au or gavin@hgtwa.com.au if you have any questions.

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