QLD Hospitality Award and Employment Contract - Clause 29 Excluded?

[vicvickyvictoria]

I am currently employed as a Conference and Events Manager under the Hospitality Award Agreement. Clause 29 is excluded from my employment contract. What does this mean for my working hours under Employment Law?

 

[Rod]

On what basis is the employer is excluding parts of the award? Can you post the wording of the clauses?

The national employments standards set various minimum conditions that cannot be overridden. See this link:

Hours of work - Fair Work Ombudsman

What is your actual concern - too little hours, too many hours, other?

 

[vicvickyvictoria]

Thanks for the reply Rod - my current concern is I am working quite a lot of hours for little to no recognition from Employer. At least a couple of hours overtime each day, as well as weekend shifts.

The basis is in accordance with clause 27.2 (a) Salaries absorption (managerial staff(hotels))

Wording of the Clause 29: Ordinary hours of work (full-time and part-time employees).

Let me know if any other info is required

 

[vicvickyvictoria]

On what basis is the employer is excluding parts of the award? Can you post the wording of the clauses?

The national employments standards set various minimum conditions that cannot be overridden. See this link:

Hours of work - Fair Work Ombudsman

What is your actual concern - too little hours, too many hours, other?

I also wanted to know if it means there is a minimum number of hours to work each day, if the clause is excluded from my contract?

 

[Rod]

So, if you are being paid >25% above the minimum award rate then clause 29 does not kick in. In this situation you are considered a 'manager' with the ability to negotiate your own hours/rates of pay.

It then comes down to what is in your written contract. There should be a section/clause that defines the hours/days that you work. What does your contract say about hours of work?

 

[Rod]

I also wanted to know if it means there is a minimum number of hours to work each day, if the clause is excluded from my contract?

Unlikely. But then you probably aren't on a rate/hr so not sure this matters.