fightrightsRestaurant & Catering Australia (R&CA) has lodged an appeal to a Full Bench of the Fair Work Commission seeking to overturn the decision of deputy president Anne Gooley to not make significant changes to the Restaurant Industry Award.

It comes after the association made an application under the Modern Awards Review Process in 2012, which highlighted deteriorating trading conditions since the making of the Restaurant Industry Award 2010.

The Restaurant & Catering application sought to make changes to penalty rates, classification structure and payment of wages under the Restaurant Industry Award.

However, the decision by the Fair Work Commission deputy president Anne Gooley on October 10 last year rejected all substantive changes proposed by the industry.

Restaurant & Catering CEO John Hart believes he has no choice other than to appeal.

“The association does not accept the findings by the Commission that claim the Restaurant Industry Award is meeting the Modern Awards Objective and operating effectively without technical problems or anomalies,” said Hart. “The Appeal will ask the Fair Work Commission to reconsider the adverse impact of penalty rates to the sector including the impact on productivity and employment costs that are forcing restaurants to close.

“We believe the Commission has failed to take into account the operational requirements of the industry and its labour intensive nature.

“Restaurants and cafe businesses become commercially unviable if they are penalised for operating during core trading times,” says Hart.

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