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Industry News
Staying informed is pivotal to running a profitable and sustainable business. Crucial business information is available 24/7 to members through the dedicated member login area of the website.
The hospitality industry operates in an ever-changing and dynamic world. Keeping up to date with innovations and industry standards provides a significant advantage to the business’ long term success.
R&C facilitates this ethos by regularly updating members through numerous avenues notably with our annual benchmarking report.
These multiple information sources provide members with valuable insight into better understanding issues, trends and client / customer needs and wants.
Throughout the year Restaurant & Catering organise a series of policy updates that enable members to hear firsthand what is happening in the external environment.
Business related events are supplemented by regular networking and social events to bring like-minded people together. Whether it is to learn, share or simply catch up, the events program is designed to be fun, educational and informative.
Keeping you informed and on- trend
“Restaurant & Catering is in constant dialogue with us in reference to relevant industry news and updates. The association offers a number of informative training programs. Each year we enter the Awards for Excellence to gain recognition of excellence in the field with their annual awards.”
Scott Darlow, Head Chef, Mosman’s Restaurant
Workplace Relations Alert - Individual Flexibility Arrangements
It has come to the attention of Restaurant & Catering Australia (RCA) that that some members have recently received correspondence from consultancy services with respect to the proposed use of Individual Flexibility Arrangements (IFAs).
RCA has sought advice from the Fair Work Ombudsman (FWO) on complying with the legislative requirements of the Fair Work Act 2009 in the use of IFA's.
Whilst there is no requirement for third party approval when making or entering into an IFA, it is imperative that the following criteria is met at all times -
- An IFA may only be offered to an existing employee;
- The making of an IFA and the content must be genuinely agreed to by both parties without coercion, undue influence or pressure and without making false representations as to the requirements to enter into or not enter into such an arrangement; and
- The employer remains responsible at all times for ensuring that the employee is better off overall as a result of entering into an IFA.
An employer not complying with the above criteria is likely to be in contravention of provisions of the Fair Work Act.
The use of an IFA to remove employee entitlements that would otherwise be due, could result in contraventions of the Fair Work Act, including by the employer not ensuring that the employee is better off overall. Regardless of an employer using a Consultant to draft the terms of an IFA the employer remains liable for penalties and backpay if the IFA is later deemed to fail the better off overall test.
Further Information and Guidance
The FWO's public website, www.fairwork.gov.au, contains information about IFA's and a step-by-step guide, checklist, and a Best Practice Guide and the Restaurant and Catering Workplace Relations Advisory Service can assist members seeking to implement IFA's.
The FWO can investigate any complaints regarding whether an IFA is genuinely agreed to, whether an employer applied undue influence or pressure to an employee to make or terminate an IFA, and whether an employer has complied with the terms of an IFA.
If you become aware of a potential contravention of section 343 Coercion, section 344 - Undue influence and section 345 Misrepresentations of the Fair Work Act 2009, then please report this to the RCA or the FWO.
Serious burns incidents - Restaurant, kitchen operators and workers beware
Background
Recently, two incidents occurred in Sydney in the space of one week, where kitchen workers suffered serious burns after methylated spirits was mistakenly used near a heat source or flame. In both incidents workers unwittingly used containers thought to contain a different cleaning agent.
The purpose of this safety alert is to remind Persons Conducting a Business or Undertaking (PCBUs) and workers of the need to correctly store and use hazardous chemicals in the workplace.
Action required
Work health and safety laws require PCBUs to eliminate risks from the use of hazardous chemicals or, where this is not possible, to control those risks as far as reasonably practicable.
Risk controls
- Where possible, use non-flammable water-based chemicals for cleaning.
- Always follow instructions for safe use and handling found in safety data sheets that should be obtained from the chemical supplier. Information should also be available on the chemical container's label.
- Provide information, instruction, training and supervision to workers on the safe use of hazardous chemicals in the workplace.
- Store and use flammable chemicals away from ignition sources such as heat and flames.
- When using flammable chemicals, make sure you have an appropriate fire extinguisher and fire blanket at the ready and make sure staff know how to use them.
- Always store chemicals in their original container and, if the chemical is poured into another container (such as a spray bottle), make sure that the container is compatible with the chemical and that it is also clearly labelled.
- Do not use food containers to hold hazardous chemicals.
Workcover NSW Safety Alert Jan 2012 (707.74 Kb)
Further information
Call WorkCover on 13 10 50
Visit workcover.nsw.gov.au
ACCC Public Warning Notice
Restaurant & Catering have been advised that the Australian Competition and Consumer Commission has issued a public warning as follows:
"The Australian Competition and Consumer Commission has issued public warning notices in relation to the conduct of Safety Compliance Pty Ltd.
Safety Compliance operates its business from Tweed Heads, NSW. The company sells workplace safety material to small businesses across Australia through phone calls.
The ACCC has issued the public warning notices in response to conduct reported in all states and the Northern Territory. The notices allege that Safety Compliance made misrepresentations about occupational health and safety requirements and engaged in harassment, coercion and misleading or deceptive conduct.
The ACCC may issue a public warning notice to alert consumers to a suspected breach of certain provisions of the Australian Consumer Law. A key consideration for the ACCC in evaluating whether it is appropriate to issue a public warning notice will be whether it considers there is an imminent need to inform consumers so they can avoid suffering detriment.
Consumers including businesses who wish to obtain information in relation to their obligations under the relevant workplace safety laws should contact their respective state and territory workplace safety agency.
Businesses who are approached by Safety Compliance should report the incident to the ACCC's Infocentre on 1300 302 502."
ACCC Public Warning Notice (80.62 Kb)
A Great Win For Restaurants!
It has been a long, hard road but all the work that this Association has done has finally paid off, with the Federal Government recently handing down its decision to accept the recommendation of the Productivity Commission to have restaurant and cafe menu surcharges for specific days placed outside the scope of the component pricing provisions of the Australian Consumer Law.
For years we have been lobbying on behalf of the industry to convince the Government that the practice of surcharging a percentage surcharge was far easier for consumers and the businesses involved. The Association is very pleased that the Government has been convinced that the industry and the Government's productivity custodian were right.
While under the new federal approach to Consumer Law, State Governments still need to approve the recommendation, the change would mean that restaurants and cafes no longer need to provide a separate menu for days when a surcharge applies, such as public holidays and weekends. This results in a significant reduction in red tape for restaurants, who operate as small businesses.
We have wasted no time in publicly calling for State Governments to approve these changes.
While there is still some way to go before the changes can be implemented, Restaurant & Catering are delighted that we have been able to secure such a landmark win on behalf of our members!