Constitutional Corporations

From 1 January 2010, all Constitutional Corporations are covered by the Hospitality Industry (General) Award 2010 (the ‘HIGA’). This Award replaces the Hotels, Clubs Etc. NAPSA, the Clerks (Clubs, Hotels and Motels) NAPSA and the Liquor and Accommodation Industry – Hotels, Resorts and Gaming – (Managerial Staff) Award 2003.

The AHA|SA and LHMU successfully sought SA specific Transitional Provisions be included in the HIGA in order to reduce the immediate burden of the HIGA on members. As a result, a number of the clauses contained in the HIGA will not commence in South Australia until 2015.

The SA specific Transitional Provisions for the Hotels, Clubs Etc. NAPSA are included in Schedule B of the HIGA at B.3.1, and include:

• Classifications and roles (including Responsible Person, gaming machine staff and managers);
• 50% casual loading;
• Part-time employment;
• Apprentice wages;
• Junior wages;
• Special time rate between 7pm and 7am;
• Broken periods of work allowance; and
• Overtime rates.

The SA specific Transitional Provisions for the Clerks (Clubs, Hotels and Motels) NAPSA are included in Schedule B of the HIGA at B.3.2, and include:

• Wage rate structure of five levels and years of service; and
• Classification structure and criteria.

The salary provisions previously contained in the Liquor and Accommodation Industry – Hotels, Resorts and Gaming – (Managerial Staff) Award 2003, in particular the salary absorption provisions, have not substantially changed and are included in the HIGA at Clause 20.2 – Managerial Staff – Hotels, and Schedule D.

The HIGA must be read in conjunction with the National Employment Standards (the ‘NES’).

For more information about the impact of the HIGA or the NES on your hotel please contact the HR/IR Team on (08) 8232 4525.