Fair Work Commission Rejects Clubs Australia’s Application

The Fair Work Commission has rejected the Clubs Australia application, saying it could not identify any particular benefit. Clubs Australia had been looking forward to cut weekend penalty rates for up to 42,000 workers by moving them onto the hospitality award.

Chris Mossman, executive director of Clubs Australia Industrial said the decision meant that small, struggling bowling clubs and RSLs in regional communities will be forced to pay their staff higher penalty rates than Sydney's Star Casino. Mossman said they are surprised by the Fair Work Commission's decision. "The award application was made to give clubs the choice to pay their staff the same as any other local hospitality business, than having to pay more money for the same work. Many of our larger clubs pay workers above award rates because they want to attract and retain the best workers."

The Fair Work Commission said the clubs' industry had not provided enough evidence to support its argument that the level of disability for permanent employees working weekends and public holidays in the sector was the same as that in the hospitality sector. Adam Hatcher, Fair Work vice president and Peter Hampton and Michelle Bissett, the commissioners, said in their decision there was no evidence that the current penalty rates regime causes clubs not to open or to restrict their activities on weekends and public holidays. "There is no evidence that penalty rates were a causal factor or that a reduction in penalty rates would remove them from that position or even provide financial relief of any significance."