Hotel SA August 2023

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Scott’s Spot

Publican Profile

David Carr introduces the Ceduna Foreshore Hotel Motel.

Workplace Relations

When does

Credit Card Surcharges

Credit cards have become the preferred payment method for most patrons and guests.

WHY WFH NEEDS TO END

From the President

DAVID BASHEER

The two years of business interruption caused by Covid created two classes of people. There were the 76% of people whose income was either not affected or their income actually increased.

The 76% of South Australians whose livelihood was unaffected can not be expected to understand what it was like for the rest of us, living press conference to press conference, not knowing if you were going to earn an income next week.

So why are we still dwelling on the pandemic past?

Because just as the pandemic created two classes of employees, so has the work from home craze. There are those who jobs allow it, and those who don’t. And unsurprisingly, there is a parallel between those who were and were not negatively impacted financially by Covid.

The recent staggering concession by the Federal Government to give Commonwealth public servants total freedom to work from home has exacerbated the culture that somehow it is unfair for an employer to expect their employee to show up in the office to work. And there are an awful lot of them! They once filled city office towers and supported the wider external

economy. Their support created and maintained a significant number of jobs.

Does it matter that the taxpayer is now forking out money to pay the rents on these unused office blocks? Spending someone else’s money is a comfortable proposition.

But there is an upside. The work from homers now have exceptionally fit labradors and perfectly manicured front and back lawns.

Compare that to hospitality workers who love their job and accept that part of the deal is that they have to get dressed, commute to their workplace and be available to serve the work from homers when they do choose to venture outside their home office.

It is causing friction within our pubs. Most of our roles can not be performed remotely, but some back office roles can. Does an employer buckle like the Federal Government and allow the payroll clerk to work from home, thus causing disunity with the service staff?

The AHA|SA joins the Property Council in urging our State Government not to fall in line with their Federal colleagues and introduce similar measures here.

Writing in The Advertiser last month, Property Council CEO Bruce Djite noted that could mean 100,000

State employees never returning to their offices again.

The impact on our relatively small State economy would be terminal. Djite noted: “Such a policy would shatter small businesses and cause an unnecessary increase in unemployment, disincentivise investment and weaken payroll tax revenue.” The AHA|SA fully endorses those comments.

There are elements of the work from home culture that are attractive. But it’s another concession to productivity at a time when the economy is struggling to keep up. Society is becoming so overly focused on the American-style ‘rights of the individual’ that the needs of the greater good – via the economy - is being lost.

SA STILL LEADS GAMING CARE

In mid-July, with no consultation with industry, Victoria’s Andrews’s Government issued a media release on a Sunday morning that announced reforms to the operation of gaming machines in that state.

The reforms include:

• Load up limits – capped at $100, down from the current $1,000

• Mandatory closure periods (except for the Casino) of six hours, up from the current four hours

• All new EGMs to spin at a rate of three seconds per game.

There were also announcements around mandatory pre-commitment and carded play that will be introduced subject to “thorough consultation with industry through an implementation working group”. There was a ‘promise’ that it will take into account trials in other jurisdictions and the Crown Melbourne experience, which will have mandated pre-commitment and carded play on all EGMs by the end of 2023.

It is another example of a State Government chasing reform without proper consultation.

Whilst these reforms generated considerable publicity, the AHA|SA has been quick to point out to our local Members of Parliament that Victoria’s proposed actions still fall short of matching South Australian harm minimisation standards.

We have had $100 load up limits since 2020, a mandatory six-hour closure for two decades, and the three second spin rate is now commonplace.

South Australia is still ahead of the game as the only jurisdiction with facial recognition technology and Automated Risk Monitoring. That is in addition to our nation leading training through Gaming Care.

It is curious that gaming found itself

back on the national agenda after several of our casinos fell foul of authorities with money laundering issues. So why is it that the Victorian announcement appears to target ‘Mum and Dad’ operators?

It’s yet another sugar hit for the unregulated online space. Comparisons with Great Britain in terms of gaming are rarely useful, as their land-based environment is very different to ours, but the UK Government have announced a White Paper into assisting pubbased gaming to succeed as a tool to combat the rapid and dangerous growth in on-line activities.

An interesting approach!

TOURISM AUSTRALIA APPOINTMENT

It was fantastic to learn that our outgoing CEO, Ian Horne, has been appointed to the board of the nation’s most prestigious tourism body, Tourism Australia (TA). This is great recognition of our newly merged accommodation organisation Accommodation Australia and the AHA, both locally and nationally. It is also a wonderful recognition for Ian.

Whilst his advocacy in liquor and gambling was what often attracted the media headlines, he has a strong background in tourism and accommodation, and regularly held important discussions with

Government on behalf of our members with accommodation.

Ian’s past appointments include:

• South Australian Tourism Commission: Board Member 2006 to present

• Adelaide Venue Management Corporation: Board Member 2023 to current

• Business Events Adelaide: Board Member & Deputy Chairperson 2015 to present

• SA Minister of Tourism’s Advisory Board: Member 1990 to1993

• SA Tourism Industry Council (SATIC), forerunner to TiCSA: Chairperson 1990 to 1992, Vice Chair 1988 to 1990, Board member1987 to 1998

• Adelaide Convention & Tourism Authority, now Business Events SA: Board member 1988 to 1993, Treasurer 1989 to 1990, Vice Chairperson 1990 to 1992.

Ian replaces AHA (WA) CEO, Bradley Woods, who has retired from the TA Board after two terms, and ensures the AHA’s voice and now that of Accommodation Australia, continues to be heard at the highest levels of Government.

David Basheer, AHA|SA President

“But there is an upside. The work from homers now have exceptionally fit labradors and perfectly manicured front and back lawns.”

EVOLUTION NOT REVOLUTION –INTERNAL REFORM

Prior to commencing my role as Chief Executive Officer of the AHA|SA Branch I spoke about my intention that moving forward would be a process of evolution, not revolution.

At the same time as states across the nation propose and contemplate quite sweeping reforms, particularly in relation to gaming, we too have engaged in a process of far less revolutionary internal reform. Positive progress and growth are especially satisfying (and streamlined) when existing staff are identified as having skill sets that can be embraced and utilised for the benefit of both the organisation and our members.

I am happy to announce that several staff members will be expanding their roles to in turn optimise the service and support that we are able to deliver to industry and individual businesses.

Our Workplace Relations service will now incorporate both Liquor and Gaming services that we provide

to members. In addition to existing staff we will grow the team with an additional recruit possessing skills across all three jurisdictions.

Our presence in the communications, social media and digital marketing space will substantively increase in order to grow the profile of the association, our individual members and our industry.

Finally additional resources will be injected into government relations and advocacy, stakeholder engagement and networking, providing greater connectivity with those that have the power to control our destiny as an industry.

To find out more about these changes and who will be doing what where tune into my short video for this month.

Further to the creation of Accommodation Australia, the result of a merger between the Accommodation Association of Australia and Tourism Accommodation Australia, our focus on the tourism sector will be enhanced and resourced accordingly.

From the CEO

ANNA MOELLER

Anna Moeller, AHA|SA CEO

“Our Workplace Relations service will now incorporate both Liquor and Gaming services that we provide to members.”

Watch Video 

The Gaming Care Team is being restructured and expanded to provide better services to members. See video on page 7 for details.

A tinge of nostalgia for SA’s Best Burger

Sitting in the backseat of his parents’ ‘car, stuffing a handful of French fries between the pattie and bun of a delicious burger, is a vivid memory for Griffins Hotel Chef Luke Brabin, the winner of SA’s Best Pub Burger 2023.

“It’s a bit of nostalgia from what you remember of your childhood,” said Luke, who began at the Griffins Hotel in February this year.

“I grew up getting cheeseburgers and chucking the chips in, this burger is a play on that and it gives you that texture.”

Crispy French fries were just one of several crucial ingredients that elevated Luke’s burger over his competitor’s, as twelve finalists from SA’s best hotels had their burgers judged by an expert three-person panel on July 18.

2023 marked the 15th annual running of the AHA|SA Pub Burger Challenge, featuring 40 entries from across South Australia.

The burgers were critiqued against a range of criteria, including presentation, ingredients, taste, meat content and value for money.

Although confident he had a burger that could get tongues wagging, being officially labelled as South Australia’s best was satisfying for Luke, especially when directly pitted against other exceptional chefs.

“It always feels rewarding when there are quite a few entries and competition,” he said.

“I know the products that we are using are top notch, they speak for themselves.

“Chefs are chefs, but we are nothing without the produce to be honest.”

WINNING INGREDIENTS

Luke’s winning creation this year was a mouth-watering wagyu beef burger, featuring Mayura station wagyu beef, smoked barossa bacon, ketchup, chimichurri, tomatoes, pickles, cos lettuce and of course –crispy french fries.

It is impressively the second time that Brabin has won the challenge, winning the SA Pub Burger title in 2019 whilst working as executive chef at the Feathers Hotel.

“This year’s burger was different to 2019, but similar in some ways,” he said.

“It is the same beef from Mayura Station down in Millicent, which is a no-brainer for me because it’s such a great product.

“It’s a bit of a different burger flavour wise, has a bit of a punch, and a few

TYLER MAUND

Winning burger by Griffins Hotel Chef, Luke Brabi.

SPONSORED BY: Thomas Foods Australia

little intricacies that we put in there that set it apart from the others.” The process of architecting the perfect pub burger doesn’t happen overnight, and for Brabin, it starts with backing his own judgement, basing the burger on what flavours he enjoy and listening to feedback he receives from those who taste it.

“It’s about finding what works, what I like to eat, the flavours I like to eat,” he said.

with 20 years of experience as a chef, it’s no shock to see Luke win the challenge for a second time.

“The old fella’s still got it,” he laughed.

At 41 years-old, Brabin is certainly no ‘old fella’ in chef terms, but he possesses a wealth of knowledge that has been curated through valuable career experiences both home and abroad.

Brabin began his journey in the hospitality industry at the Hilton Adelaide in 2003, where he served his apprenticeship and worked under renown chef Cheong Liew, before embarking on a new challenge in Melbourne in 2009.

huge influence on his early days in the kitchen.

“I grew up always in the kitchen with granny,” he said.

“My granny was a phenomenal cook, she guided me.

“She was a real inspiration, and then it passed down through my mother.”

With a national chef shortage still impacting Australian kitchens, Brabin admits that the industry has its challenges.

“It’s getting a little bit better, but in terms of quality across the industry it is a problem,” he said.

“Since Covid, a lot of people have left the industry, which is hard.”

THE MODERN CHEF

Whilst the nature of life as a chef can be demanding, Luke believes there are ways of making it easier on people, and he prioritises being accommodating of his own staff.

“I balance my kitchens, people get nights off every week, especially people that have children,” he said.

“I’ve got two kids and I never miss Saturday sport.

“I put that out and see what people like, get the feedback, and if it’s good we stick with it.”

It is a procedure that involves trial and error, with plenty of tinkering with ingredients necessary before arriving at the end result.

“If you’ve got a salty sauce and pickles that are also full on, you have to watch the levels, so there is a bit of playing around to ensure it is not too in your face.

“You have got to balance the seasoning of it and the texture, which is why I added in the really crispy French fries.”

DOUBLE CROWN FOR LUKE

It’s a winning formula that seems to be standing the test of time, and

His experiences in Melbourne saw him working as a sous chef in Gordon Ramsay’s restaurant Maze, before executive chef roles at The Botanical Hotel and Half Moon Hotel.

After his time in Melbourne, Brabin moved to China to work as the executive chef at the Regal International East Asia Hotel in Shanghai.

FAMILY PASSION

Whilst these career moves have helped shape Luke into the chef he is today, an early introduction into cooking through family was where he discovered his passion.

Originally from New Zealand, his family moved to Australia when he was just three months old, and he credits his grandmother for having a

“It’s just about people being understanding of other people, and not expecting what was expected years and years ago.

“It has changed a lot, for the good of chefs.”

JOYS OF BEING A CHEF

For any young person considering embarking on a career as a chef, Luke believes life in the role can be incredibly fulfilling, and citing the opportunity to make other people happy through your own creation.

“It’s just about making other people happy through food,” he said.

“I know for me it’s such an important part of my life at home, and for my kids.

“At home we grow all our own vegetables and chickens, we live in the country, and it’s a big part of my family and I like to bring that to work and share that with others.

“ I love making people smile through food .”

Three chefs competing in SA Best Burger Challenge.

SCOTT’S SPOT

BY SCOTT VAUGHAN

Hello all and welcome to the latest edition of Scott’s Spot.

OFFICE NEWS

Not a heck of a lot to report, however there was some concern for Workplace Relations Manager, Owen Webb. Unfortunately, when walking through Rundle Mall on a wet day, Owen has a tendency to slip and slide down the 528 metre paved thoroughfare. Of concern is that he talks himself into this at the start of each journey.

REGIONAL MEETINGS

There have been two regional meetings since the last edition hosted by the Hotel Augusta  in Port Augusta and the Hotel Renmark  in the Riverland.

Massive thanks to these venues for hosting, with attendances once

again incredibly strong from both members and corporate partners.

Enjoy the super sister chat with publicans Heidi and Penny  from the Hotel Augusta regarding their foray into the hotel industry and their recent freehold purchase of the hotel.

Unbeknownst to Gary and Didier, they were spotted in the board room surveying a new construction site across the road on Grenfell Street next to The Griffins Hotel . Pretty normal I guess, however wearing safety helmet and high vis was a little odd I would have thought!

This photo was taken last week by a concerned pedestrian however I can assure all our members that Owen is safe and well.

If you have any entertaining stories and photos to share, please email them to svaughan@ahasa.asn.au

PLEASE ENJOY THESE PHOTOS TAKEN OVER THE LAST FEW MONTHS

Was great to catch up with publicans, Craig and

from the

Hotel

at the Renmark regional. They are doing great things, so go for a drive to check the pub out. You will be well looked after.

The stunning dining room renovation at the Lonsdale  with full renovations to be completed for the Spring season.

Tammie

Swan Reach



Outdoors at the Loxton Hotel 

Peninsula Hotel  new accommodation suites ready to take bookings.

The stylish Salt at the Elliot with Events Manager Ryan Smith, along with publican Matt Kelly. They’re looking forward to hosting the regional meeting in late August.

Welcome to Travis Blundell, new publican at the Lobethal Hotel , pictured admiring his beer pour!

Scott “Benno” Bennett patrolling the bottle shop at the Hotel Royal , Torrensville. Stunning redevelopment nearing completion.

The Excelsior Hotel  glowing on a brisk winter’s day.

Welcome to the recently opened Bute Hotel , who are now members of the AHA|SA.

REGIONAL MEETINGS

It was fantastic to see a large turnout to the AHA|SA regional meeting in Port Augusta at Hotel Augusta  on 11 July. Massive thanks to the wonderful publicans, Heidi and Penny for hosting this event along with their incredible team. The food and hospitality was amazing.

It was also a fantastic Regional Meeting at the beautiful redeveloped Hotel Renmark  on 25 July. A big thanks to Darren Baker and his wonderful team for hosting.

To all of our hotel members and corporate partners who attended in large numbers, thank you for making these days so worthwhile and enjoyable.

SA’s Best Kept Secret?

BY DION HAYMAN

Famous for its Oysterfest that lures 5,000 devotees annually, Ceduna might have also earned the moniker as the ‘Pleasantly Surprised’ Capital of Australia.

It’s a backhanded compliment David Carr hears repeatedly from first-time visitors, who find both the Ceduna Foreshore Hotel Motel and its environs delivering beyond their wildest dreams.

David has been CEO of Ceduna’s waterfront hotel since 1995 and braces himself on any given morning he wonders through the bistro as hotel visitors enjoy a free continental breakfast.

“I have so many tourists who come through and say Ceduna’s a lot nicer than they thought it was or ‘I can’t believe you’ve got this hotel here’,” David said.

“And I say, ‘I have to put up with this every day!’”

The admiration is no surprise to David who dusts himself down with picture postcard views across Murat Bay on call.

It’s got a bit to do with his longevity at the 57-room beacon of the famous road stop between Australia’s west and east coasts.

That and his fervour for giving back to the town and its people.

COMMUNITY OWNED

The Foreshore has been a community-owned hotel since 1949 and also runs the adjacent caravan park.

“It’s very fulfilling, I’m very proud and passionate about the hotel and its position as a community benefactor,” he said.

Every dollar spent is used to underwrite local projects, sponsor sporting teams or is reinvested in the hotel.

“I say to people, ‘it’s not my hotel, it’s our hotel’.

“And the more they frequent our hotel, the more funds will be available for sponsorship and improvements.

“I look at all the organisations, how

else are they going to get funding?

“We can help a lot of them so they don’t have to spend their time fundraising which improves the quality of life for everyone living in Ceduna.”

For example, the hotel put $200,000 towards building the new modern playground on the Ceduna foreshore.

It sponsors the New Year’s Eve fireworks and assists local sporting clubs, including tennis, cricket, bowling, athletics and junior dancing.

The Foreshore also commits $50,000 a year to the Western Eyre Football League and $30,000 to the Netball Association.

OYSTERFEST SPONSORSHIP

By far its biggest annual sponsorship is the $75,000 it outlays on the Oysterfest, held each year since 1991 on the October long weekend.

It’s a festival which more than doubles Ceduna’s population of

around 3500, as around 24,000 of the bivalve molluscs are shucked and served in a multitude of ways. David takes a long-term view about the Foreshore’s decision to back the festival.

“We acknowledge that the Oysterfest is the single largest advertisement for Ceduna,” he said.

“We promote it and the benefit for us, after you take the sponsorship out, is less than break even but it’s such a large focal point for the town.”

The hotel bargains on return business to justify its spend, as well as the desire to support and maintain the prestige of Ceduna’s unofficial title.

“We all hang our hats on the ‘Oyster Capital of Australia’. I think (we have it) because our council jumped on that name first.”

It is one which some rival west coast and interstate towns may dispute but David is adamant it is deserved.

“I would think the volumes of oysters between Smoky Bay and Ceduna would exceed the volumes out of Coffin Bay.”

But neither man nor country town can survive on oysters alone – there are a multitude of reasons people visit Ceduna.

“Most tourists are passing through, probably 80 per cent of them.

“But we do have a group who go to the caravan park every year who come to fish and stay for six to eight weeks.

“Quite a few people will go mulloway fishing and camping out west.

“There’s the whale watching at the head of the Bight, some come on their way to see the WA wildflowers.

“And there’s a 4WD track called Googs Track which attracts a lot of people.

“But the local people pay the bills. We rely on them. The tourists are the ones who fill up the business and are the cream on top.”

STAFFING

Like the visitors, many of David’s staff are just passing through.

New arrivals are offered shortterm accomodation (up to three months) in a house owned by the hotel until they find something more permanent.

“We’re just starting to see a few more backpackers come through (post Covid) but it’s still slow at the moment,” he said.

There are stayers too. David has 14 full-timers on his books, with 40 of his 95 staff having worked at the Foreshore steadily for more than five years.

David Carr with grandson.

They’ve witnessed consolidation in the town. There is no less farming land but neighbour buyouts have seen fewer farmers owning more property.

Wheat, salt and gypsum continue to sustain Ceduna.

Iluka Resources’ opening of the zircon-rich Jacinth-Ambrosia mine in 2009, 200km northwest of the town, has also added a new dynamic to the region.

PUB IMPROVEMENTS

The Hotel Motel has also evolved in David’s time and includes the bottle shop rebuild in 1999.

The old hotel was demolished in 2006 to make way for today’s grand establishment.

Superior accomodation suites, including one spa room, made for a second storey in 2013 with a new function room completed in 2020.

The spa room proves extremely popular at a price point of around $200 per night and is normally booked out up to four months in advance.

“A lot of corporates come through now and they plan well and truly ahead,” David said.

“We had 80 per cent occupancy last year across the hotel which was excellent, especially when you consider where we are.”

It’s a far cry from the Covid crunch which was felt as hard as anywhere

by businesses relying on tourism in Ceduna.

“We are on the end of the road (out of South Australia) and they closed the WA border.

“So whilst the Riverland and Port Lincoln may have been busy, we weren’t.”

It’s Ceduna’s remoteness which David admits also makes it difficult to keep abreast of the newest fads.

“I don’t get to Adelaide, Port Lincoln, Melbourne or Sydney to see what the latest trends are – if there’s a particular type of liquor or food or ambience that we should get ready for.”

Although he insists he’s a good listener.

“We rely a bit more on people mentioning stuff …”

But with nearly three decades at the helm, David is clearly doing something right.

“There’s been about three times where they’ve had a change of management and I was demoted three times as they tried a different organisational structure but I’m currently the CEO again and have been for 10 years.”

Now almost 62, the former banker can’t imagine working anywhere else.

“I’ve looked at retiring a couple of times but I thought, ‘what else am I gonna do?’

“There’s no such thing as a dull day here at the hotel and we have the benefit of supporting the community.”

WHAT’S NEXT?

Contributing to the building of a new indoor stadium for Ceduna’s kids is on the Foreshore’s list of projects slated for action.

“The basketball stadium closed down 20-odd years ago and two generations of kids have missed out on playing basketball and indoor sports,” he said.

“I would like to think we can assist the town in getting a serious indoor complex.

“Also to reinvigorate some of the foreshore with lighting and there’s Alexander’s Beach – trying to upgrade that.”

So there’s no reason to ever leave, according to David, a camping and fishing fanatic born and raised in Tumby Bay who has worked almost exclusively up and down the Eyre Peninsula.

“I’m a country lifestyle person. The casual country living. I leave home at 8.25, get to work at 8.30 and go home for lunch if I want.

“I can do anything I want to do here.”

“We had 80 per cent occupancy last year across the hotel which was excellent, especially when you consider where we are.”

View from the hotel balcony.

2023 Women in Hotels Conference

TUESDAY 22 AUGUST 2023

EOS BY SKYCITY @WOMENINHOTELS

LEARN. INSPIRE. EMPOWER. CONNECT.

The biennial Women in Hotels Conference brings together women from across the South Australian hotel industry to be informed, inspired, share their knowledge, and strengthen their networks. The 2023 conference provides a comprehensive range of presenters on topics such as leadership, communication, marketing, sustainability and much more.

A highlight of the program will be our keynote speaker Sam Bloom - a woman with a powerful story to share and an incredible example of the

extraordinary things we can all achieve in the face of adversity.

The conference dinner concludes the day with special guests, announcing the inductees into the Women in Hotels ‘Hall of Fame’ in recognition of hoteliers that have made a significant contribution to the SA hotel industry.

We encourage ALL female hotel staff to attend the conference. There is something in it for everyone.

REGISTRATIONS CLOSE : TUE 15 AUG 2023

For more information, visit the AHA|SA website 

Staff Excellence In The Spotlight

If you’re interested in improving your recruitment, induction and staff motivation, don’t miss the first guest speaker at the upcoming Women In Hotels Conference.

Bianca Dawson Chief Training and Development Officer at Australian Venue Co, has spent more than 15 years developing staff development courses.

As a former CEO and the founder of the Her Hospo Hospitality Leadership Program, she will bring a uniquely hotel-focused and female-centric approach to managing and leadership.

“I will be talking about fostering and mentoring your emerging leaders,” said Bianca, who has more than 25 years’ experience.

“This will include the key principles of leadership in a hospitality environment, how it differs from managing, the importance of education – and also celebrating achievements.”

Bianca’s talk will also touch on goal setting and answer questions such as “How do I lead my team?” and “What are the consequences if we don’t hit the goals we’re aiming for?”

The one-day conference will be opened by the Minister for Tourism, Zoe Bettison on August 22.

Tickets are still available – see the details on this page.

BIANCA DAWSON – CHIEF TRAINING AND DEVELOPMENT OFFICER

When does a demotion amount to a termination?

One of the questions that members pose to the workplace relations team at the AHA|SA is whether an employer can lawfully demote an employee? The question is not a straightforward one, with several factors that need to be taken into consideration when determining the answer.

A recent decision of the Fair Work Commission (FWC) Rory Maloney v Knowmore Legal Service Limited [2023] FWC 1780, provides some good insights into when a demotion would be considered a dismissal.

In this case, Ms Rory Maloney (Ms Maloney) filed a general protections application to the FWC under s.365 of the Fair Work Act 2009 (Cth) (FW Act) alleging that she had been dismissed from her employment with her employer, Knowmore Legal Service Limited (Knowmore).

Knowmore filed a jurisdictional objection to Ms Maloney’s application on the ground that she was not dismissed from her employment.

Deputy President Wright (DP Wright) in hearing the jurisdictional objection ultimately found that Ms Maloney had in fact been dismissed.

Background

Ms Maloney commenced her employment with Knowmore on 9 October 2014 as a Counsellor. In 2019, she was promoted to the position of Regional Client Service Manager and from March 2021 to 12 April 2023 she was employed as a Support and Trauma Informed Practice Manager.

Ms Maloney was employed on a salary of $112,571.04 and her terms and conditions of employment were governed by the National Association of Community Legal Centres Enterprise Agreement 2016-2020 (the Enterprise Agreement).

On 20 March 2023, Ms Maloney was given a letter from Knowmore alleging misconduct and advising her that Knowmore had reached a preliminary view that there were sufficient grounds to demote her to the role of Social Worker/Counsellor.

Ms Maloney provided a verbal response to the allegations on 28 March 2023 and a written response on 29 March 2023.

On 5 April 2023, Ms Maloney received a letter from Knowmore providing a final outcome of their decision, advising her that she would be demoted to Social Worker/Counsellor from 12 April 2023 for a period of 6 months, with the potential to progress to a senior practitioner role in the team at the conclusion of the 6 month period. With her salary reducing to $96,131,58 gross per annum.

Ms Maloney had not attended work since 5 April 2023.

On 1 May 2023, Ms Maloney filed a general protections application involving dismissal alleging that the demotion was a dismissal and in contravention of Part 3-1 of the FW Act. In response, Knowmore objected to her application on jurisdictional grounds alleging that Ms Maloney had not been dismissed from her employment.

To determine whether the FWC had the jurisdiction to hear Ms Maloney’s dispute, DP Wright needed to determine whether Ms Maloney had been dismissed.

LEGISLATION

Relevantly, s.386(1) of the FW Act states that a person has been dismissed if:

(a) The person’s employment with his or her employer has been terminated on the employer’s initiative; or

OWEN WEBB - AHA | SA WORKPLACE RELATIONS MANAGER

(b) The person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his or her employer.

However section s.386(2) of the FW Act outlines instances where a person has not been dismissed. Relevantly s.386(2)(c) states that a person has not been dismissed if:

(c) The person was demoted in employment but:

(i) The demotion does not involve a significant reduction in his or her remuneration or duties, and

(ii) He or she remains employed with the employer that effected the demotion.

SUBMISSIONS

In objecting to Ms Maloney’s application on jurisdictional grounds, Knowmore submitted that:

• Ms Maloney implicitly acknowledged Knowmore’s right to demote her, based on her oral and written submissions in response to the letter she received on 20 March 2023.

• At no stage did Ms Maloney or her representative object to the proposed demotion on the basis that it was either a dismissal or unlawful.

• Ms Maloney’s employment contract was varied on

5 April 2023 confirming the demotion, but if the FWC determined that her contract was not varied, they relied upon her contract having a term which directed her to perform other duties.

• The demotion would not constitute termination of employment if the relevant industrial instrument she was employed pursuant to contained a term expressly authorising a demotion. Knowmore argued that the Managing Misconduct Policy referenced in the Enterprise Agreement expressly authorising the demotion.

Ms Maloney submitted that:

• There was no express or implied terms in the Enterprise Agreement or the Managing Misconduct Policy enabling Knowmore to demote her.

• The demotion was significant in terms of a reduction in her duties and remuneration.

• She had not agreed to the demotion, citing Knowmore’s letter to her on 5 April 2023 where it stated in one of the sentences “ … in recognition of your comments about needing to consider your options … “.

• Knowmore did not act in accordance with the Enterprise Agreement when they demoted her.

• Her pay was changed without further discussion.

DETERMINATION

In determining the matter DP Wright looked at four key questions:

Did Ms Maloney voluntarily consent to the demotion?

Is the demotion authorised by the employment contract or an instrument governing it?

Did Knowmore repudiate the contract of employment by demoting Ms Maloney?

If Knowmore repudiated the contract, did Ms Maloney accept the repudiation?

Did Ms Maloney voluntarily consent to the demotion?

DP Wright found that Ms Maloney did not consent to the demotion for the following reasons:

• Ms Maloney’s written response to Knowmore on 29 March 2023 did not demonstrate that she had consented to the demotion.

• Knowmore’s letter to Ms Maloney on 5 April 2023 appeared to acknowledge Ms Maloney’s reluctance to accept the demotion.

• Ms Maloney did not explicitly or implicitly consent to Knowmore reducing her pay and Ms Maloney’s contract specifically required any consent to a change in pay being confirmed in writing which did not occur.

• There was no variation to the contract permitting the demotion.

Is the demotion authorised by the employment contract or an instrument governing it?

DP Wright found that Ms Maloney’s employment contract did not permit the demotion. The Deputy President cited that the contract did not provide Knowmore with the authority to vary Ms Maloney’s pay, except where the parties agree to vary the contract in writing.

The Deputy President also determined that the Enterprise Agreement did not authorise the demotion

because there was no reference in the terms of the Enterprise Agreement or the Managing Misconduct Policy authorising a reduction in pay as an outcome of the disciplinary procedure.

Did Knowmore repudiate the contract of employment by demoting Ms Maloney?

DP Wright found that Knowmore repudiated the contract of employment by demoting Ms Maloney, because Ms Maloney did not voluntarily consent to the demotion, and the demotion was not authorised by the employment contract or the Enterprise Agreement.

If Knowmore repudiated the contract, did Ms Maloney accept the repudiation?

DP Wright found that Ms Maloney accepted the repudiation of her contract. Ms Maloney’s lawyer had written to Knowmore on 7 April 2023 alleging that the demotion was a dismissal and in a further letter on 26 April 2023 her lawyer alleged that her employment had been terminated on 12 April 2023.

Both Ms Maloney and Knowmore agreed that the demotion resulted in a significant reduction in remuneration and therefore the exemption in section 386(2)(c) of the FW Act did not apply in this matter. Accordingly DP Wright found based on the evidence, that Ms Maloney had in fact been dismissed and ordered that the matter be referred for a conciliation conference to determine the dispute under s.368 of the FW Act.

Lessons for Employers

This matter highlights the dangers for employers who demote an employee where there is a significant reduction in duties or remuneration, particularly in the absence of any express terms about demotion in an employment contract or industrial instrument.

Members should speak to the AHA|SA workplace relations team if they are wanting advice on the processes involving demotion.

Source: Rory Maloney v Knowmore

The Benefits of Passing on Credit Card Surcharges

In today’s increasingly cashless society, credit cards have become the preferred payment method for most patrons and guests. However, accepting credit card payments can come at a hefty cost for hotels.

Credit card surcharges allow businesses to pass on the cost of credit card processing to patrons.

“Hotels should consider passing on merchant fees to customers, to help tackle the rising costs in running a hotel business through recovering merchant fees from customers,” advises Perks Director Tom Paine.

“Some merchant providers make it a very simple process to automate the recovery via their terminals.”

UNDERSTANDING CREDIT CARD SURCHARGES

When a customer makes a purchase using a credit card, the business typically pays a processing fee to the credit card company. This fee is a percentage

of the transaction amount and can vary depending on the type of card used and the agreement between the business and the credit card company.

By passing on some or all of this surcharge, hotels can reduce the impact of processing fees on their bottom line. Ultimately, the main goal of passing on credit card surcharges is to increase profitability.

This can have a significant positive impact on a venue’s profitability, especially for those that deal with high volumes of credit card transactions.

While credit card surcharges may initially seem like an additional burden for customers, it is now a commonly accepted practice.

Transparency is critical if you take this step. Clearly communicate the surcharge to customers before they make a payment. This can be done through signage at the point of sale, on your website, menus and accounts.

Increasing profitability through credit card surcharges can have a ripple effect throughout the your hotel. It can provide the resources needed to add staff, upgrade your venue or increase promotions.

HOW MUCH?

• You know your market and this will dictate how much you can pass on.

• If your patrons are well-heeled, they will barely notice it. If you operate in a lower economic area, a lower charge may be appropriate.

• What are your competitors doing?

• Consider a staged introduction. Start low to test the market and then increase from there.

• The fear that surcharges will drive customers away is often unfounded. However, your frontline staff should be trained in what to say if they are questioned by patrons or guests.

Business plans specifically for hotels

Annual business plans are ‘a dime a dozen’ on the internet but they lack specifics relevant to the hospitality sector.

If you are new to the industry or struggling with planning, AHA|SA honorary treasurer and GM of the Hurley Group, Sam McInnes, offers the following advice:

1. Be clear about what you want to achieve in the next 12 months and beyond. While most hotels aim for general overall growth, set goals for each department.

2. Hospitality can be a numbers game: stock control, pricing, growth, wages etc. For most hotels, about half of gross profit goes in wages, so it’s very important to achieve the optimal staff structure and have the right system so that you’re accurate with payroll.

3. Work through how you can achieve both sales growth and wage control. Analyse each aspect of your business. A kitchen, bar, gaming room and bottle shop all have very different percentages. You may need assistance from a finance professionaland AHA|SA partners have a wealth of experience to tap into.

4. A substantial 5.75% wage rise went through at the start of July, which really applies to every employee. A good business plan will include modelling for wages moving forward.

5. The industry is now doing away with ‘zombie agreements’, so you also need to work out the flow on cost of that.

Sam McInnes, AHA|SA Honorary Treasurer.

6. If costs are rising, it is vital to review your pricing. If you feel that you are guessing, get advice from a good accountant. Remember that you should also take into account what your competitors are doing and what your local market will pay.

7. Should you change operating hours? Do these need to be trimmed if wage growth is becoming a problem in quiet times, or if patron visiting patterns have changed? Or do you need to expand your trading hours to take advantage of untapped market?

8. Under the heading of sales, marketing and promotion, it’s important to understand your local demographics and your broader target markets.

9. Do your research. More information is available than ever before - who lives locally, how old they are, occupations, how many dogs they have etc. This will influence what your offer, how it promoted, pricing etc.

10. How will facilities be used? Are you a suburban hotel that is pulling from your local area, or are you more of a destination hotel that is weighted towards functions and events, acting as a meeting place and a go-to spot.

11. What are the threats and opportunities within our area. Is there a new licensed café opening, which is going to take some of your business? Or is there a

club you can sponsor and build a better relationship with? Are there changes to road conditions nearby? Is there a development close by that could attract a flow of tradies if you offer specials at lunchtime or after work?

12. For new projects, check off and document every aspect, including licensing, building regulations, neighbour issues, planning rules etc.

13. It is important you have a good relationship with your bank. Be transparent with them about where you are and what your plans are. Be prepared to shop around for a good relationship and good pricing.

14. Overextending with capital projects is a risk and has definitely caused some failures in the past. For the cost of funding, don’t stick with a ‘here and now’ interest rate. Take a realistic, longer term view of interest rates.

15. Understand the arrangement you have with the landlord about renovation. What’s the lessee paying? What’s the increase in rental following the renovations if the landlord’s paying?

16. Tap into the AHA|SA network. Industry partners can offer a wealth of advice. So, too, can other publicans that you meet at regional meetings or other AHA|SA events.

ACCOUNTANCY SERVICES

Bentleys SA 8372 7900

Perks Accountants & Wealth Advisers

08 8273 9300

Winnall & Co. 8379 3159

ARCHITECTS & INTERIOR DESIGNERS

Mister Lincoln 0402 777 326

Studio Nine Architects 8132 3999

ART & FRAMING

Art Images Gallery 8363 0806

ATMS

Banktech 0408 462 321

Cashzone 1300 305 600

Next Payments 1300 659 918

AUDIO VISUAL

Big Screen Video 1300 244 727

Novatech Creative Event Technology

8352 0300

BACKGROUND MUSIC

Foxtel Music 1300 148 729

Moov Music 1300 139 913

Zoo Business Media 07 5587 7222

BANKING & FINANCE

Bank SA 0403 603 018

Perks Accountants & Wealth Advisers

08 8273 9300

BEVERAGE GASES

BOC Limited 0424 647 568

Supagas 8252 7472

BEVERAGES

Accolade Wines 8392 2238

Australian Liquor Marketers 8405 7744

Big Shed Brewing Concern 8240 5037

Campari Group 02 9478 2727

Carlton & United Breweries 13 BEER (13 2337)

Coca-Cola Europacific Partners 8416 9547

Coopers Brewery 8440 1800

CUB Premium Beverages 8416 7819

Diageo Australia 0401 120 872

Empire Liquor 8371 0088

Lion 8354 8888

Liquor Marketing Group 8416 7575

Oatley Fine Wine Merchants 1800 628 539

Options Craft Liquor Merchants 8346 9111

Pernod Ricard Australia 8208 2400

Samuel Smith & Son 8112 4200

Treasury Wine Estates 8301 5400

BOOKKEEPING

Perks Accountants & Wealth Advisers

08 8273 9300

Winnall & Co. 8379 3159

CASH HANDLING / TERMINALS

Banktech 0408 462 321

BK Electronics 0431 509 409

Cardtronics 03 9574 4878

Coms Systems 0408 462 321

GBay/Aruze Gaming 0424 700 888

Next Payments 1300 659 918

CLEANING & HYGIENE SUPPLIES

Bunnings Group 0435 630 660

Bunzl 08 8245 6222

GBay/Aruze Gaming 0424 700 888

IGT 8231 8430

Independant Gaming Analysis 8376 6966

Konami Australia Pty Ltd 0409 047 899

MAX 8275 9700

Scientific Games to Light & Wonder

0400 002 229

Statewide Gaming 0448 076 144

HEALTH INSURANCE

Bupa 1300 662 074 (#2146982)

HOTEL BROKERS

Langfords Hotel Brokers 0410 605 224

McGees Property Hotel Brokers 8414 7800

HOTEL MANAGEMENT

H&L Australia Pty Ltd 1800 778 340

HOTEL MARKETING

Digital Marketing AOK 1300 658 543

INFORMATION SYSTEMS/SITE PREP

Max Systems 8275 9700

INSURANCE

Aon Risk Solutions 8301 1111

KITCHEN & BAR EQUIPMENT

Bunnings Group 0435 630 660

Bunzl 08 8245 6222

Mister Lincoln 0402 777 326

Stoddart Food Service Equipment 0468 923 320

LEGAL SERVICES

Eckermann Lawyers 8235 3990

Piper Alderman Lawyers 8205 3318

Ryan & Co Solicitors 0421 595 815

Wallmans Lawyers 8235 3018

MEDIA

FIVEaa 8419 1395

Foxtel 1300 138 898

Solstice Media 8224 1600

MIGRATION

Migration Solutions 8210 9800

ONHOLD/MESSAGING

1800 ON HOLD 8125 9370

PAYROLL & HR RESOURCES

Perks Accountants & Wealth Advisers

08 8273 9300

Tanda 1300 859 117

Winnall & Co. 8379 3159

POS SYSTEMS

Bepoz 1300 023 769

Bluize 1300 557 587

H&L Australia Pty Ltd 1800 778 340

PROPERTY VALUATIONS

Knight Frank Valuations & Advisory 8233 5222

RETAIL LIQUOR MARKETING

Liquor Marketing Group 8416 7575

SIGNAGE & PROMOTIONAL ITEMS

The Banner Crew 8240 0242

SPORTS & ENTERTAINMENT MEDIA

Foxtel 1300 790 182

STAFF TRAINING & RECRUITMENT

Adelaide Institute of Hospitality 8338 1492

The Kingsmen 0410 416 655

Maxima 8340 7766

Perks Accountants & Wealth Advisers

08 8273 9300

St John 1300 360 455

SUPERANNUATION

HostPlus 0418 327 607

WEBSITES

Boylen 8233 9433

GAMING CARE

GAMING CARE works with all South Australian Hotels with gaming machines to reduce the harm caused by problem gambling.

 Providing the hotel industry with the capacity to respond to community concerns related to the harm associated with gambling by contributing to early intervention and support for problem gamblers and their families.

 Minimising the harm caused by problem gambling behaviour by fostering a compliant and proactive industry that works with regulators, gambling help services and gaming patrons to minimise harm caused by gambling.

 Assisting licensees and hotel staff with their compliance obligations, and supporting venue staff through education and training regarding the recognition of problem gambling indicators and assisting in accurately documenting patron behaviour.

 Providing licensees and hotel staff with the confidence and skills required to engage directly with patrons who are showing indicators of potential problem gambling, enabling them to intervene early and refer the patron to a gambling help service, or other support options if required.

Contact your local Gaming Care Officer, or our Office, for information on how Gaming Care can assist your venue. T

For any assistance or support please contact your local Gaming Care Officer, or our office for information on how Gaming Care can assist your venue.

GAMING CARE

CORPORATE PARTNERS 2023/24

AED Authority

Ainsworth Game Technology

Australian Liquor Marketers

BankSA

Big Screen Video

Bluize 1800 ON HOLD

A Cleaner World (ACW)

Adelaide Institute of Hospitality

Banktech

Bentleys Accountants

Big Shed Brewing Concern

BK Electronics

BOC Limited

Bunnings Group

Bunzl

Boylen Campari Group

Digital Marketing AOK

Empire Liquor Foxtel

IGT

131 733

Konami Australia Pty Ltd

Light & Wonder

Liquor Marketing Group

Novatech Creative Event

Technology

Oatley Fine Wine Merchants

Options Craft Liquor Merchants

Ryan & Co. Solicitors

Samuel Smith & Son

Stoddart Food Equipment

Tanda

Cashzone

Class A Energy Solutions

Compnow

COMS Systems

Concept Collections

Eckermann Lawyers

GBay/Aruze Gaming

Independant Gaming Analysis

Knight Frank Valuations & Advisory SA

Langfords Hotel Brokers

McGees Property Hotel Brokers

Mister Lincoln

Next Payments

Perks Accountants & Wealth Advisers

Piper Alderman Lawyers

PowerMaintenance

SCS Group

Solstice Media

Statewide Gaming

St John

Art Images Gallery

Bupa

Studio Nine Architects

Supagas

The Banner Crew

The Kingsmen

Trans Tasman Energy Group

Vix Vision

Wallmans Lawyers

Winnall & Co

Maxim Migration Solutions

NEW AHA|SA MEMBERS

Darke Peake Hotel

OFFICE HOLDERS

CONTACT

OFFICE

Level 4, 60 Hindmarsh Square, Adelaide SA 5000

POSTAL

PO Box 3092, Rundle Mall SA 5000

P (08) 8232 4525

P 1800 814 525 Toll Free

F (08) 8232 4979

E information@ahasa.asn.au

W www.ahasa.asn.au

EXECUTIVE COUNCIL

DAVID BASHEER President

MATTHEW BINNS Vice President

LUKE DONALDSON Deputy Vice President

COUNCIL

BRAD BARREAU

ANDREW BULLOCK

SIMONE DOUGLAS

TREVOR EVANS

JASON FAHEY

TRENT FAHEY

SAM M c INNES Secretary Treasurer

MATTHEW BRIEN Executive Council

ANNA HURLEY Executive Council

COREY FARMER

ELISE FASSINA

JAMES FRANZON

TONY FRANZON

JOHN GIANNITTO

TOM HANNAH

ANDREW KEMP Executive Council

MATT ROGERS Executive Council

ADMINISTRATION

ANNA MOELLER

CEO

NATARSHA STEVENSON

Chief of Staff

ALISA WENZEL

Financial Controller

OWEN WEBB

Workplace Relations, Liquor

KATHERINE TAYLOR Accommodation Australia (SA) and Tourism Communications

LUCY RANDALL Events & Partnerships

PETER JOHNSON

JASON KELLY

GUY MATTHEWS

KAREN MILESI

ANDREW PLUSH

DARREN STEELE

Licensing & Gaming

GARY COPPOLA

Legal and Advocacy

SCOTT VAUGHAN

DIDIER VOLLERIN Liquor & Gaming

LIZ TURLEY Training Coordinator

BELINDA RICHARD Executive Assistant

Views expressed in Hotel SA are not necessarily those of the AHA|SA or the publisher and neither can accept, and therefore disclaims any liability, to any party for loss or damage caused by errors or omissions resulting from negligence, accident or any other cause. We do not endorse any advertising materials, services offered within advertisements or products, special offers or goods promoted therein.

PUBLISHER

3/288 Glen Osmond Road, Fullarton SA 5063

P (08) 8233 9433 W www.boylen.com.au

+ +

TIM BOYLEN Managing Director tboylen@boylen.com.au

JAMIE RICHARDSON Advertising sales@boylen.com.au

PATRYCJA WHIPP Studio Manager/Graphic Designer