Temporary Hospitality Award flexibility
On 24 March 2020, the Fair Work Commission varied the Hospitality Award by adding a new Schedule J. It was initially due to stop operating on 30 June 2020.
On 29 June 2020 they extended and changed parts of Schedule J. The extended sections and new changes apply until 27 September 2020.
Schedule J adds award flexibility to the Hospitality Award during the impact of coronavirus. It changes entitlements relating to:
- employees’ classifications and duties
- hours of work for full-time and part-time employees
- requests to take annual leave.
The new Schedule J applies to employers and employees covered by the Hospitality Award. Use Find my award if you’re not sure which award applies to you.
From the first full pay period or on after 1 July 2020, Schedule J no longer applies to employees in the JobKeeper scheme. Instead, these employers can use the temporary Fair Work Act JobKeeper provisions to manage their workforce more flexibly.
For information about the JobKeeper scheme and the Fair Work Act JobKeeper provisions, see JobKeeper wage subsidy scheme.
While Schedule J operates, an employee’s usual terms and conditions of employment under the Hospitality Award continue to apply, unless they’ve been changed by Schedule J. If they have, Schedule J applies instead.
These changes may affect the information on this page.
Go to Hospitality Award flexibility during coronavirus for more information about Schedule J and when it applies.
Based on what you've told us, it looks like you're covered by the Hospitality Industry (General) Award [MA000009].
Taking leave in advance
Employees can take annual leave in advance if their employer agrees in writing. The agreement needs to:
- be signed by both the employer and the employee (if the employee is under 18 their parent or guardian must also sign it)
- say how much annual leave is being taken in advance
- say the day the leave will start.
Employers have to keep this agreement for the employee's records.
If an employee takes leave in advance and their employment ends before they've accrued it all back, the employer can deduct the amount still owing from their final pay.
Employers and employees can use the Annual leave in advance template (DOCX 20.6KB) to record annual leave taken in advance.
Excessive annual leave
An excessive annual leave balance is at least 8 weeks of accrued annual leave (10 weeks for a shiftworker).
If an employee has an excessive annual leave balance, they can give their employer notice that they’re taking a period of leave, which their employer has to allow. This only applies if they:
- haven’t been able to agree with their employer about when to take the leave
- have had an excessive annual leave balance for more than 6 months
- don’t have arrangements to take leave so that they no longer have an excessive annual leave balance (e.g. directed by the employer to take leave or already have planned leave).
The employee needs to give the employer at least 8 weeks’ notice (and not more than 12 months) of when the leave will start. The leave has to be at least 1 week long and can’t result in the employee having less than 6 weeks accrued leave.
An employee can’t request leave using this method for more than 4 weeks (5 weeks for a shiftworker) in a 12 month period.
Direction to take excess annual leave
For information on whether employers can direct employees to take leave if they have a large amount accrued, go to Direction to take excess annual leave.
Source reference: Hospitality Industry (General) Award [MA000009] clauses 30.8 and 30.9