Hotel SA May 2023

Tastes like Australia’s #1BecauseShiraz.it is.

Scott’s Spot

New CEO Appointment

There

Workplace Relations

The

Seven Dining Trends to Watch

Over

Meandering through the exquisitely refurbished Playford Hotel on North Terrace, one is effortlessly transported to another era.

As

AGM OVERVIEW

From the President

DAVID BASHEER

The following is an edited version of the speech that AHA|SA President, David Basheer, gave at the Annual General Meeting on 1 May.

OVERVIEW

It is my honour to present the President’s report for 2022.

Following two years of COVID-19 uncertainty, 2022 saw us return to relatively calmer times.

Throughout last year, the key issues affecting our membership centred around:

• the escalation of the labour shortage,

• licensing changes,

• interest rate rises - a concern as debt in our sector grew by 15% through COVID-19

• rising power, insurance and wage costs

• inflationary pressures

• and a concerning Federal Government IR agenda.

POLITICAL LOBBYING

Much of the political engagement around the labour shortage resided in the Federal sphere. The AHA was one of the few industry bodies represented at September’s Jobs

and Skills summit in Canberra. We are largely supportive of the migration reforms announced by the Federal Government last week. Locally, we had, and continue to have, lengthy discussions with key political figures around training, VET courses, housing and migration - all critical issues to unlock our workforce shortages.

We secured significant gains around the loosening up of the migration criteria and the accessibility of VET courses. We feel we are close to a further breakthrough with a Government-brokered copartnership to fully capitalise on the return of overseas students. There remains much to do to ensure:

• Firstly, our members have a reliable and steady stream of workers.

• Secondly, these workers are trained and competent. It is these employees that will become our future managers and leaders.

COVID - 19

Our members were still enduring heavy COVID-19 restrictions in the first quarter of last year. Indeed, the State of Emergency was only lifted 49 weeks ago. Leading up to the March 2022 election and

beyond, the AHA|SA was relentless in its drive to see the approach and management of COVID-19 changed. It was comforting that in the very earliest days of the Malinauskas Government, our ambitions were fully realised. I am proud that our persistent pursuit of COVID-19 changes - and indeed providing to Government an alternative model - was the AHA’s most important achievement on behalf of our members last year.

It is our obligation to constantly remind all politicians, advisors and regulators that despite COVID-19 disappearing off the front page and life largely returning to normal, our industry desperately requires a period of consolidation, given the financial and mental health toll created by the pandemic. I remain unconvinced this is fully appreciated.

LICENSING

The AHA|SA office devoted significant resources last year to licensing issues, particularly the interpretation of new clauses in the licensing Act, many of which have been subject to appeals at higher courts. A Government-initiated review of the late night code was also responded to, and restrictions

Watch Video 

on the sale of liquor in Coober Pedy, Whyalla, Ceduna and Port Augusta required much needed intervention.

GAMING

Gaming inevitably remains a major agenda item. The AHA participated in the review of the trading round and we are hopeful the Government will shortly have a positive announcement in this regard. We were also involved in responses to many Government requests around harm minimisation.

Multiple states are seeking to toughen their gaming laws. A new State Government in SA in 2022 - with new Ministers and staffers - needed to be educated to ensure our law makers were well aware of the long-standing harm minimisation measures in our State that are already nation leading.

We do not need to be caught in the crossfire of what could occur interstate.

Today (May 1), there is a major conference being held in Adelaide that will focus on tackling gambling harm across the country.

The conference is being jointly held by the Alliance for Gambling Reform and the Public Health Association of Australia.

The biggest complaint conference organisers have is that their event is not being funded by Government! The gaming storm clouds never disappear.

TOURISM

South Australia’s pre-COVID, $8.4billion annual visitor economy has recovered strongly, with figures now topping pre-pandemic levels.

The recent events have been extremely heartening, but the tourism budgets of other States, especially Western Australia, makes further growth that much more difficult. This at a time when available room numbers in Adelaide alone has climbed above 10,000.

The AHA|SA is very well represented on a number of key tourism bodies, not least the South Australian Tourist Commission whose Chair is Andrew Bullock and Ian Horne is a senior board member. This ensures the views of our membership are always well heard and expressed.

ACKNOWLEDGMENTS

The AHA|SA formally acknowledges the passing last July of the State’s foremost figure in tourism - Bill Spurr. A former AHA|SA CEO, Bill’s wisdom is greatly missed by so many.

To the AHA|SA Executive and State Council, thank you for your support and assistance.

Particular thanks to our office bearers - Senior Vice President Matthew Binns, Vice President Andrew Bullock and Secretary/ Treasurer Sam McInnes for your unwavering efforts to assist our membership.

Andrew Bullock recently advised

“It is our obligation to constantly remind all politicians, advisors and regulators that despite COVID-19 disappearing off the front page..., our industry desperately requires a period of consolidation...”

of his need to step down as Vice President due to his expanding business interests, along with his role both locally and nationally with the AHA’s accommodation arm, Tourism Accommodation Australia. He will remain on our State Council and maintain his role as our national representative with Tourism Accommodation Australia.

I very much thank Andrew for his contribution as Vice President, and look forward to him continuing his important work on behalf of our accommodation members.

I would like to take this opportunity to acknowledge Malcolm Hill, who is currently experiencing poor health. A long time General Manager of the Berri Hotel and legend of both the Riverland and the football world, Malcolm was awarded life membership of the AHA after serving on our State Council for 17 years.

We send our best wishes to Malcolm, Ann and family.

IAN HORNE

The AHA|SA membership is truly blessed to have a fantastic team of dedicated professionals looking after their interests.

That team is led by Ian Horne. Our members owe Ian a great debt of gratitude for the manner he has advocated on their behalf.

For many years, he has been the only face many have known as CEO of the AHA|SA. Today is the 34th and final AGM that Ian will attend in an official capacity. Typical of Ian’s care for the organisation, he has kept both myself and our Executive Council fully briefed of his plans, assuring a smooth handover to our next CEO. He has shaped our industry like few others. His impact has been pronounced in tourism, training, licensing, gaming and industrial relations.

Ian’s list of achievements is long:

To handpick but a few, if it was not for Ian:

• Our members would have had their local supermarket as a competitor to their bottle shops.

• Our accommodation members may well have been saddled with a nasty bed tax.

• We would not have enjoyed the benefit of gaming, or more recently the critical technology changes that rejuvenated a flagging industry.

• The nation’s best-practice, industry-led harm minimisation response that has saved us from even more draconian gaming legislation.

• Nick Xenophon may well have been SA Premier in 2018! These achievements barely scratch the surface of the accomplishments Ian has achieved for our membership. Having had the privilege of observing his remarkable capacity to navigate the often complex political process, I can confidently state there is no one better.

He works his way around the corridors of power with consummate ease. He develops and maintains relationships on all sides of politics, with a rare capacity to instantly sum up a political issue and how it might affect members. During the two dark years of COVID-19, with no playbook to call upon, Ian’s political acumen was on full display.

At that troubled time, Ian’s greatest asset, his ability to assemble an outstanding team around him, rose to the fore. We are very fortunate he has laid the most solid of foundations for our Association to continue to flourish.

NEW CEO

As one door closes, another opens and we welcome Anna Moeller as our CEO elect.

We received 84 quality applicants

for Ian’s role during a 10-week process. Applicants not just from South Australia, but also interstate and overseas. It was the view of the Executive, supported by our external recruiter, that the best person for the job was sitting in the office right next to Ian.

Anna is a qualified lawyer with an impressive track record in senior management roles, at Bendigo Bank, Motor Trade Association and in the local government sector before joining the AHA|SA.

She provides our membership with significant knowledge across liquor, gaming, and harm minimisation, as well as industrial and Government relations. Anna joined the Association only a few months prior to the COVID-19 outbreak and steered our Association’s response with the SA Police, Health and Government.

As a result, Anna has quickly developed a rapport with many of our members and has subsequently grown relationships and confidence over recent times.

One thing that is obvious is Anna’s absolute passion for the industry and those who participate in it. She will soon have the opportunity to stamp her mark across all aspects of AHA life and we look forward to her growing the outstanding legacy Ian Horne leaves behind.

THANK YOU

Ladies and gentlemen, thank you for all your support over the past 12 months. 2022 has delivered more positivity, and be assured the AHA|SA will always continue to advocate for - and represent and defend - our membership to strengthen their businesses.

David Basheer, AHA|SA President

MIGRATION REFORM REVIEW WELCOME

From the General Manager

IAN HORNE

The Federal Government Review of the Migration System 2023 is a welcome document as a step toward easing chronic skill shortages within this State and Australia-wide and, on the face of it, achieves a balance in a very complex area.

The AHA has backed major elements of the Government’s 190-page review which focuses on skilled labour needs.

The hospitality and accommodation sectors have been crying out for reform in this sector for years. Our sector is desperate for workers – yes, we all want to hire Australians first, but there are simply not enough people to do the jobs. Migration is therefore the only way to fill tens of thousands of positions, especially in the regions - including regional South Australia. For far too long, the visa system has been very slow, complicated and expensive, and the changes announced are the first steps towards addressing current and future skilled labour needs.

The current system is an achingly slow process which is weighed down by rules, forms and bureaucracy. The review and the Government response so far sets out sensible actions which will make the system better for businesses and applicants alike. The reality is overseas workers remain a necessary part of both the accommodation and hospitality workforce – overseas workers fill gaps where, unfortunately, Australian workers are unable to fill the roles required.

“Our sector is desperate for workers – yes, we all want to hire Australians first , but there are simply not enough people to do the jobs.”

Many also bring with them skills that we may not have an abundance of in Australia and help to train Australian workers – everyone wins. It is great to see the Federal Government moving to fix what is very much a broken system.

We agreed the increase of $16,100 to the Temporary Skilled Migration Income Threshold (TSMIT) bringing it to $70,000 has been based on multiple CPI increases, and will ensure that skilled overseas workers are being paid in accordance with today’s market salary levels. It is also well short of - and more realistic than - the $90,000 suggested by unions.

And of course, we will be monitoring the changes carefully to ensure regional and rural businesses especially don’t face any added disadvantage during the implementation of the revised TISMIT, but it a start... hopefully a very good start where success is desperately needed.

Watch Video 

Ian Horne, AHA|SA General Manager

SCOTT’S SPOT

BY SCOTT VAUGHAN

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

REGIONAL MEETINGS

There have been three Regional Meetings hosted by the Berri Hotel , The Henty  in Mount Gambier and the Sevenhill Hotel . Massive thanks to these venues for hosting - with attendances, once again, strong with both members and corporate partners.

This photo was taken in 1973 celebrating 100 years at the pub where patrons came dressed in period costumes.

Beautiful views and experience at Hardy’s Verandah Restaurant, Mount Lofty House . Thanks to the wonderful team for looking after me.

Congratulations to the township of Mundulla in the South East who are celebrating 150 years after being formally gazetted in 1873.

Please enjoy photos taken over the last few weeks introducing faces and venues that you may or may not be familiar with.

Light  in Light Square is a stunning venue and one that I urge everyone to visit. Thanks to the venue for supplying professional photos.

The grand Golden Grain Hotel  in Pinnaroo.

Sunset at Bacchus Bar , Henley Beach (next page).

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

The Keith Hotel  had a massive weekend for the annual Diesel and Dirt in March. Population of 1,200 swelled to over 10,000, hosting people from all over Australia.

The

Hotel . Fantastic effort by Winnie travelling 550km return to attend the Regional down in Mount Gambier. Jonesy, where were you?

Welcome to new licensee and publican, Ed at the Roseworthy Hotel . A cracking bloke as he follows the mighty Blues!

I want to acknowledge venues who have been part of the AHA for a number of years and wish all the best for future endeavours, while welcoming new licensees.

• Swanport Hotel Murray Bridge

• Cleve Hotel

That’s all for this edition!

Coonalpyn

Welcome to Adam and Darren at the Griffins Hotel 

Aimee says hello from the Clare Hotel 

Publican Hayley and her daughter Jordan at the beautiful Royal Oak Hotel  in Clarendon.

Chris striking a nice pose at The Kensi 

The wonderful Rick and Lois at the Mount Compass Tavern 

Brad at the Balhannah Hotel  striking a nice pose.

Richard down in The Barn at the District Hotel  in Nairne.

FAREWELL & WELCOME

EVOLUTION, NOT REVOLUTION, FOR NEW AHA|SA BOSS

“It’s one of the greatest issues that members are confronted with and the AHA|SA staff are very conscious of the impact it’s having,” she said.

“We were disproportionately hard-hit during Covid, but there was a skill shortage even before the pandemic.

“There was a mass exodus and staff moved to workplaces like Bunnings and Coles and Woolworths that were never going to close down during Covid.

“We have to bring those workers back. We also need to add to the pool of people who want a job in hospitality.

There was a sense of “destiny” about the appointment of Anna Moeller as the AHA|SA’s new CEO. Part of the team that worked tirelessly to limit the damage from Covid lockdowns, the association’s deputy CEO was the standout choice among 84 candidates from across Australia and abroad that went through an external selection process.

Born and raised in country SA, Anna is a qualified lawyer with experience in liquor licensing, gaming and political lobbying. She will become the first woman to run the AHA|SA in its 153-year history, replacing Ian Horne on 10 July.

“My aim is to build on the association’s very strong legacy,” Anna said.

“Over a period of many years, the efforts of the AHA|SA’s council members and staff have forged a very proactive and effective organisation.

“We are blessed to have an incredibly talented and stable workforce working together to both promote and protect our members’ interests.

Anna intends to “retain a presence” in Gaming Care, where she has served as executive director since 2019.

“The Gaming Care team does an amazing job.

“More broadly, SA hotels have been leaders in social responsibility, harm minimisation and self regulation.

“Recently we’ve seen some strong reactions in New South Wales and Tasmania but they are very different markets.

“Nevertheless, we need to consciously focus on our social licence and what that looks like and what that means, and how do we build and develop that?”

JOBS CRISIS

The never-ending struggle for hotels to find staff is high on Anna’s agenda.

“One of the main ways to do that is to make us an industry of choice and an employer of choice.

“That will be a very, very strong focus for me moving forward.”

Anna has a view that the AHA|SA needs to expand its services to continue to stay relevant for all members, whether they are familyowned or corporate, the corner pub or a large accommodation hotel.

“We have an exceptional team at the AHA|SA and I feel honoured to be chosen to lead an amazing group of people,” she said.

“I am inspired by their ideas and there is a belief that offering even more benefits to members is the key to staying relevant in the future,” she said.

“There's a real opportunity for us to grow the services that we provide so that we become a little bit more of a one-stop shop for members.”

On a broader level, Anna wants to reassure members they can rely on continuity and the same high levels of service.

“We're unique in that industry associations look after individual members that have issues, but we look after the broader industry environment to make sure that it's as easy as possible for them to do business - and to do business successfully.

“The core values that have successfully guided us for so long aren't going to change moving forward.

“I will be doing a little bit of renovations, with some of it cosmetic.

“But this is going to be all about evolution, not revolution.”

It may seem almost impossible to grow the AHA|SA when it has about 90% of hotels as members.

However, Anna believes accommodation presents an opportunity to expand without compromising the existing

interests of members.

“They are not a threat to the hotels or to licensing and gaming,” Anna said.

“But there are approximately 2000 more beds in the CBD this year than there were at the same time last year.

“We've gone from 8000 to 10,000, so that’s a 20% increase in 12 months.”

Anna believes her deep affections for the hotel industry was born as a young girl growing up in Keith.

“I still remember that sense of excitement after the tennis or football if mum and dad decided that we'd have a counter meal and I could have a schnitzel.

“Then as a liquor licensing and gaming lawyer, it was amazing.  I was out at pubs and nightclubs

for work and I loved it.

“So when I came to the AHA|SA – and I hesitate to say this because it sounds so corny –but it was like putting on an old cosy pair of slippers.

“It was like, ‘Oh, yeah, I remember this, I remember this feeling’.

“You could stick me in any industry association and I would make the best of it and I would

genuinely enjoy it because I enjoy helping and growing people, and overcoming barriers for people.

“I enjoy the push and pull of government relations and the advocacy and the challenges and the winning.

“But there's something about this industry that you just can't deny.

“For me, I just fit.”

There can be few better examples of what draws people to hospitality than the care shown by employers to their employees in their darkest hours.

“Our critics might like to paint us as being owned by corporate conglomerates but most of our members are family businesses,” said Anna.

“During Covid they were refinancing mortgages on their

own homes, selling properties, considering selling their own home, so that they could continue to pay staff who weren’t even able to work because of the restrictions and the work wasn’t there during periods of closure.

“For a lot of them, the stories were – ‘Well, I had to keep paying Maria’.

“‘She came and started working with us collecting glasses when

she was 15.’

“‘We saw her meet her first boyfriend.’

“‘We’ve watched her get married.’

“‘We know her grandchildren or her children.’

“‘So we have to make sure she has the money to buy groceries so she gets through this crisis.

“I don’t know where else you find that.”

HOTELS - IT’S FAMILY!

PUBS IN HER BLOOD

WATCH ANNA’S VIDEO ADDRESS ON PAGE 9

REGIONAL MEETINGS

It was a fantastic turnout at the multi AHA|SA award-winning Sevenhill Hotel  for the Mid North Regional Meeting and Networking on 19 April. A massive thanks to Kate, Paul and their wonderful team, along with all members and corporate partners who attended this event in large numbers.

PARTNER ‘PUB LUNCH’

The corporate partner network caught up in April for an informal ‘Pub Lunch’ at The Goody . A great turnout for an impromptu network over a casual schnitty and a beer. The corporate partner network is another fantastic opportunity for industry stakeholders to come together and share ideas, build business leads and friendships. After the success of this event, we will ensure to lock in a couple per year. Watch this space!

The Full Court Rules on Requesting Employees to Work on Public Holidays

On 28 March 2023, a Full Court of the Federal Court of Australia found that BHP’s labour hire division had contravened the Fair Work Act 2009 (Cth) (‘FW Act’) when it unreasonably required employees to work over the Christmas and Boxing Day public holidays. The Decision centred on the requirements of section 114 of the FW Act.

BACKGROUND

OS MCAP Pty Ltd (“OS”), provides production services employees to mining companies which are part of the BHP Group. The services involve OS employees operating mobile

machinery such as loaders and trucks to excavate and carry earth. In this particular matter, OS provided production service employees across 2 crews to BM Alliance Coal Operations Pty Ltd (“BMA”) at the Daunia Mine in Central Queensland. The employees worked a 7 days on, 7 days off, 7 nights on, 7 off working pattern with 12.5 hours per shift plus reasonable additional hours as required. OS employees’ contracts of employment stipulated that they “may be required to work on public holidays”. OS employees were also provided with details of all of their shifts when they first commenced employment including

the public holidays they would be required to work for any periods their shifts fell on public holidays. Operationally OS’s business model and operational requirements at the Mine required its production workforce to operate 24 hours per day, 365 days per year.

OS management were aware that a number of employees had requested to take leave on the Christmas Day and Boxing Day public holidays in 2019 and ultimately authorised 25 employees to take leave on those particular public holidays. However, a significant number of employees (approximately 85) worked at the

OWEN WEBB - AHA | SA WORKPLACE RELATIONS MANAGER

mine on those public holidays due to operational reasons as OS had certain production targets that needed to be met under their arrangements with BMA. There were also a number of employees that failed to attend work on those public holidays without authorisation.

The Construction, Forestry, Maritime, Mining and Energy Union (“the Union”) issued proceedings in the Federal Court against OS. The Union alleged that OS had:

• contravened s 44 of the FW Act, by breaching s 114 by requiring employees to work on Christmas Day and Boxing Day 2019; and

• contravened s 45 of the FW Act, by contravening cl 27.4 of the Black Coal Mining Industry Award 2010 (“Award”) by failing to pay the employees penalty rates for work performed on the two public holidays in question.

Section 114(2) of the FW Act provides that an employer may request an employee to work on a public holiday if the request is reasonable. The Union submitted that OS did not make a reasonable “request” for the employees to work on these particular public holidays, but rather “required” them to work on these public holidays and therefore contravened s 114(2).

The Union’s application was dismissed, with the Judge citing that OS had adduced sufficient evidence to demonstrate that the requirement for its employees to work on these particular public holidays was reasonable. In particular, the Judge noted that:

• OS had demonstrated an operational need for its employees to work on public holidays, including Christmas Day and Boxing Day.

• The employees were given

notice before they accepted employment with OS that they were expected to work on public holidays falling within their ordinary rosters, and were specifically informed and reminded after they commenced employment that they were required to work on Christmas Day and Boxing Day. The Judge also dismissed the application for payment of penalty rates, as the employees were paid an annualised salary that was at a level that was adequate to reflect penalty rates payable under the Award for working on public holidays falling within their rosters, including Christmas Day and Boxing Day.

CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51

The Union appealed the decision of the primary Judge and the matter was heard before a Full Court of the Federal Court in November 2022. The grounds of the Union’s appeal included:

• Ground 1. Whether the primary judge erred in determining that the exception under s 114(2) of the FW Act applies where the employer does not request but rather imposes a requirement on an employee to work on a public holiday.

• Ground 2. Whether the primary judge erred in determining that the Union bore the legal onus of establishing that the requirement for the employees to work on Christmas and Boxing Days 2019 was not reasonable.

• Ground 3. Whether the primary judge erred in determining that OS’s requirement for its employees to work on Christmas and Boxing Days 2019 at the Daunia Mine was reasonable for the purposes of s 114(2) of the FW Act.

The Full Court allowed the appeal

on the basis the Union succeeded on appeal ground 1.

The Full Court determined that OS was not permitted to require employees to work on the Christmas and Boxing Day public holidays, because it did not make a “request” for the purposes of ss 114(2)-(3). The Full Court determined that a breach of s 114 occurs when an employee is required to work on the public holiday, does in fact work on that day, and no request was made or a request was made but it was not reasonable. OS accepted that it hadn’t made a “request” and therefore the Full Court determined that a contravention of section 114 of the FW Act had occurred.

WHAT DOES THIS DECISION MEAN FOR HOTELS?

Work on a public holiday is a common feature in the hospitality industry and is recognised through penalty rates and additional public holiday entitlements contained in the Hospitality Industry (General) Award 2020 (‘HIGA’).

While this Decision and the resulting news coverage may insinuate that employees have free choice about whether to work on a public holiday or not, the requirements of section 114 still apply.

Section 114(3) of the Act provides that an employee may refuse to work on a public holiday if the request to work was unreasonable or the employee’s refusal was reasonable. Importantly, this Decision does not remove an employer’s ability to require an employee to work on a public holiday if the request to work was reasonable, and the employee’s refusal was unreasonable.

Section 114(4) refers to what factors must be considered to determine whether a request, or a refusal of a request to work on a public holiday is reasonable.

CFMMEU v OS MCAP Pty Ltd (No 2) [2022] FCA 132

Such factors include:

• The nature of the employer’s workplace including its operational requirements

• The nature of the work performed by the employee

• The employee’s personal circumstances, including family responsibilities

• Whether the employee could reasonably expect that the employer might request work on the public holiday

• Whether the employee is entitled to receive overtime, penalty rates or other compensation for, or a level of remuneration that reflects expectations of, work on the public holiday

• The type of employment of the employee

• The amount of notice in advance of the public holiday given by the employer when making the request

• The amount of notice in advance of the public holiday given by the employee when refusing the request

• Any other relevant matter

If an employer has reasonably requested an employee to work on a public holiday and the employee has responded by refusing the request, the employer can again refer to section 114(4) to assess if the employee’s refusal was reasonable.

REQUESTING AN EMPLOYEE TO WORK A PUBLIC HOLIDAY

When requesting an employee to work a public holiday, hotels must ensure that their employees are

provided with an opportunity to accept or refuse the request. The request to work on a public holiday has to be a question, not a direction. For example,

• Providing a draft roster to employees and allowing employees to indicate if they would accept or refuse the shift, or

• Making the request in the form of a question.

Hotels should also review existing employment contracts. It is recommended that employment contracts make it clear that the employee is entitled to be absent on a public holidays, however due to the hospitality industry, it is likely that they will be requested to work. This will be useful to foreshadow any later request from the employer.

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If an employee refuses to work the public holiday

Section 114(3) of the Act provides employees with the option to refuse the request to work on a public holiday, on reasonable grounds. If an employee refuses the request, hotels are encouraged to have discussions and negotiations with the employee about the refusal of the request.

If after those discussions and negotiations the employer determines their request for the employee to work the public holiday was reasonable and that the employee does not have reasonable grounds to refuse the request, the employer can require the employee to work the public holiday. This is consistent with the Federal Court’s Decision at paragraph 5:

“Ultimately, after discussion or negotiation, the employer may require an employee to work on a public holiday if the request is reasonable and the employee’s refusal is unreasonable.”

CASUAL EMPLOYEES

Section 15A of the Act provides that casual employees have the discretion whether or not to accept shifts that are offered to them, irrespective of whether it is a public holiday or just a standard day of the week. By virtue of the nature of casual employment, the employer cannot compel a casual employee to work any shift that the casual employee does not want to work. However, the employer still has an obligation under section 114(2) to request that an employee work on a public holiday regardless of whether

the employee is full-time, part-time or casual.

SUMMARY

The key issue in this case was that the employer had not in the Court’s view complied with the requirement to request an employee to work on a public holiday per section 114(2) of the FW Act. The Court held that an employer must make a reasonable request for the employee to work on a public holiday and that the employee be provided an opportunity to make a choice to either accept or refuse the request.

Importantly, the decision does clarify that if an employer makes a reasonable request and the employee unreasonably refuses, the employer can still require the employee to work on the public holiday.

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ANNUAL GENERAL MEETING

Over 90 hoteliers attended the 152nd Annual General Meeting of members at the newly refurbished Playford Hotel, Adelaide . Guests were then joined by corporate partners for a 170-strong luncheon after the meeting.

Guests at the lunch included Minister for Small & Family Business Andrea Michaels, Tung Ngo,

Leader of the Opposition in the Legislative Council

Jing Lee and Shadow Attorney General Josh Teague. The lunch was hosted by David Penberthy, FIVEaa, who conducted an interview with outgoing CEO Ian Horne and incoming CEO Anna Moeller.

A fantastic lunch and great to experience the renovated facilities at the award winning Playford Hotel.

THE PLAYFORD HOTEL

A VISION REIMAGINED : THE PLAYFORD HOTEL’S LUXURIOUS TRANSFORMATION

BY DION HAYMAN

Meandering through the exquisitely refurbished Playford Hotel  on North Terrace, one is effortlessly transported to another era.

The captivating Luma Restaurant and Bar evoke memories of a European café from a century past, reminiscent of the Art Nouveau period.

The ground floor bar is spectacularly illuminated by 800 metres of artisan lighting, creating an awe-inspiring visual experience.

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A proud supplier of the newly refurbished Playford Hotel, Adelaide

Upstairs, the sophisticated guest rooms and suites offer a contemporary spin on the classic style, complete with rain showers, pillow menus, Nespresso coffee machines, and ‘opening’ windows - a rare yet appreciated feature in a multi-storey city centre hotel.

The walls are adorned with artwork from local artists such as Alex Frayne, Jeremy Herbert, and Chris O’Brien. This transformation is the result of owner Daniel Sparr’s vision. After investing $25 million in renovations and overcoming numerous challenges presented by the global events, the hotel’s metamorphosis is complete.

appointed as General Manager to lead the Playford into the next phase of its journey.

Having previously worked at the hotel during its Radisson days, Finlayson returned to Adelaide in February 2020 after spending over a decade managing properties for the company in China, including their 500-room flagship property in Shanghai.

With a passion for hotels and a clear vision, Finlayson embraced the challenge of rebranding the hotel originally built by the late Bill Sparr in 1998.

He emphasised the importance of reaffirming the hotel’s identity as a leading establishment in the city.

The aim is for the Playford to be recognised as Adelaide’s premier luxury boutique hotel – in one word, ‘iconic’.

The celebration of the Art Nouveau movement was a deliberate choice by the Sparr family.

Collaborating with cutting-edge designers, builders, and architects, as well as drawing on advice from Accor, the global hotel organisation, Daniel Sparr and his team have created a first-class product.

TARGET MARKETS

THE JOURNEY BEGINS

The extensive renovations began in late 2021 and concluded in early April 2023.

Veteran hotelier Steve Finalyson has recently been

Early feedback from guests has been overwhelmingly positive, with travellers of all demographics appreciating the attention to detail and refined standards.

The growing market of executives at all levels is a key demographic for the hotel.

UNIQUE FEATURES

The Playford’s New York-style lofts feature king-size beds on mezzanine levels, accessible via striking iron staircases.

With 72 suites, comprising almost 40 per cent of its 182 rooms, the Playford offers far more suites than the average hotel.

Guests can also enjoy a large swimming pool and gymnasium, along with a highly regarded breakfast experience that spans decades.

By collaborating on marketing strategies and selling Adelaide as a unified destination, hotels can cater to different guest needs and preferences, ultimately benefitting the entire city.

With city traffic inching closer to pre-global event levels, there is confidence that the market will continue to grow.

The AFL’s Gather Round event was a perfect opportunity for the Playford to showcase its transformation and celebrate its renaissance.

A COMPLETE TRANSFORMATION

Throughout the renovation process, all staff were able to retain their positions. In fact, the hotel continues to recruit as demand returns to normal.

Finlayson praises the dedicated and passionate team at the Playford, attributing the hotel’s success to their collective efforts.

He emphasises the importance of the hotel’s familydriven business model in creating a unique service experience for guests.

EMBRACING THE VISION

COLLABORATION AND GROWTH

Despite increased competition from stylish hotels like Eos by SkyCity (and the elegant new Sofitel), Finlayson views these establishments as allies rather than rivals.

The hotel’s vision and mantra are crucial to the Playford’s ambitions.

With 150 employees working together towards a common goal, the establishment is poised to reach new heights.

“The aim is for the Playford to be recognised as Adelaide’s premier luxury boutique hotel – in one word, ‘iconic’.”

Finlayson highlights the importance of every team member’s commitment to providing exceptional service and maintaining the highest standards, which will ultimately define the Playford’s reputation.

EXPANDING THE HOTEL’S REACH

While modern marketing methods, such as online influencers, can extend the hotel’s reach, it’s word of mouth that remains the most powerful tool for promoting the Playford.

Personal recommendations from satisfied guests are particularly valuable when considering the luxury tariffs ranging from AUD 400-500 per night.

THE FUTURE OF THE PLAYFORD HOTEL

As the Playford Hotel continues to grow its reputation and occupancy, the focus remains on maintaining the exceptional standards that define this Adelaide icon.

The hotel’s commitment to providing an unparalleled experience for its guests, coupled with Finlayson’s extensive international experience, ensures that the Playford Hotel is set to thrive in the years to come.

This revitalised establishment, with its unique blend of timeless elegance and modern luxury, is a testament to the dedication and vision of its owners and staff.

As the Playford Hotel embarks on this exciting new chapter, the Adelaide community and visitors alike can look forward to enjoying the exceptional hospitality and service that have come to define this iconic destination.

The AHA|SA, through corporate partner ‘Digital Marketing AOK’, have been running a series of workshops for its members.

Facilitator Simone Douglas was even able to deliver one to the keen hoteliers in Port Lincoln. Feedback has been really positive, and we look forward to rolling more helpful workshops out in the near future.

Hill-Smith Family Estates Achieves International Wineries For Climate Action Silver Membership

Today Hill-Smith Family Estates announces it is the newest Silver Member of International Wineries for Climate Action.

International Wineries for Climate Action (IWCA) is the first Race to Zero member  representing the wine and agriculture sector, and membership signifies a winery’s commitment to adopting emissions reduction strategies and becoming net zero by 2050.

As a Silver Member, Hill-Smith Family Estates has committed to actively pursuing a carbon neutrality target by 2050, as well as reaching considerable reduction targets by 2030.

Hill-Smith Family Estates first became an Applicant Member IWCA in October 2021 and has since undergone activities to improve energy efficiencies and land management, including major upgrades to lighting and winery refrigeration systems; implementing drone and remote sensor technology to better monitor soil and irrigation; and development

and protection of insectariums and native vegetation on winery-owned land.

The six-generation family wine company has long been recognised for its sustainable innovation, having installed in 2016 what was at the time the largest solar system at an Australian winery, which today provides 23% of the power required for its winery operations.

Sustainability Committee Leader and Head of Winemaking Louisa Rose applauds the work of IWCA, stating, “Becoming a member of International Wineries for Climate Action has helped us focus and prioritise our efforts, particularly regarding greenhouse gas emissions and carbon neutrality.”

“Partnering with like-minded individuals is a great motivation,” says Rose. “We are not going to solve the issues of climate change on our own, and joining with companies who are driving and affecting real change such as IWCA brings us hope that if we all do our bit, we can make a difference.”

“Our next step is to work toward Gold Membership where we can demonstrate a consistent reduction of emissions year on year. We hope and encourage other Australian wineries to do the same and we are happy to share our learnings across the industry.”

“We’ve been forging this path because we believe it’s the right thing to do, but in the last few years, people have wanted to hear about it. Audits, certifications, and upgrades are expensive, and we are asked how we can afford to do it. But as a multigenerational family business and as a winemaker, we can’t afford not to,” says Rose. IWCA is a membership-driven effort, open to any winery that views climate change as a serious threat and is committed to reducing its own emissions. IWCA membership is multi-tiered and rigorously vetted to ensure that all members are accountable for their commitments and demonstrate tangible progress towards carbon neutrality by 2050.

Crime Stoppers Launches Campaign to Put Booze Bandits in the Shoplifting Spotlight

Hot on the heels of brazen thefts from liquor stores and shoplifting incidents where staff and patrons have been assaulted or threatened, Crime Stoppers South Australia has joined forces with SA Police to help catch those responsible.

The latest crime-solving initiative builds on the success of a shoplifting campaign launched late last year, which saw the community asked to name and shame 62 unknown shoplifting suspects caught on CCTV.

Crime Stoppers South Australia CEO, Nigel Smart, said it was important to expand the focus to include liquor outlets and violent incidents of retail theft because there is a real risk that a worker or customer could be seriously injured or killed.

“Liquor outlets and hotels are attractive targets for shoplifters because the criminals know they can steal alcohol – often worth hundreds of dollars - which can be easily sold for quick profit.

“We have seen examples where thieves are so blatant that they load up trolleys in full view of staff and customers in broad daylight and smash their way out without any regard for the safety or welfare of others,” Mr Smart said.

“That reckless behaviour is simply unacceptable, and we want people’s help to identify these perpetrators so they can be put on the police radar.

“Our previous shoplifting campaign showed that the community has a low tolerance of these professional thieves who think they are above the law, and we encourage people to keep anonymously sharing information with Crime Stoppers,” he said.

“We are expanding our shoplifting campaign focus to thieves who specifically target a liquor outlet or hotel as well as incidents where an aggressive confrontation with a retail worker has occurred.

“We want people to look at the images of these suspects on our website and anonymously tell us who they are.”

Minister for Police Joe Szakacs said employees of liquor outlets deserve to feel safe whenever they go to work.

"That reckless behaviour is simply unacceptable, and we want people’s help to identify these perpetrators so they can be put on the police radar."

“Shoplifting is not OK, and anyone considering it should be left with no doubt they will be caught,” he said.

“Workers at bottle shops deserve to go to work and feel safe at their place of employment.

“There is no excuse for blatant theft of alcohol or any reason why bottle shop employees should go to work worrying for their safety.”

“Shoplifters are often taking advantage of hard-working local business owners and can expect that their selfish actions will be reported to Crime Stoppers and SAPOL.”

Inspector Julian Coram, SAPOL’s Operation Support Coordinator (Metro Ops Service) said: “There are occasions when a retail worker suddenly, and perhaps

inadvertently, finds themselves confronted with a shoplifter.

These situations can quickly escalate to violent and anti-social behaviour that puts the worker, their colleagues and customers at increased risk of harm.”

“Anti-social behaviour, abuse and violence against retail, fast-food, petrol station, liquor outlet and retail workers – whether theft is involved or not – is unacceptable and should not be tolerated.

“We are working with Crime Stoppers and the community to make sure that those who think they can get away with theft and acts of violence to retail workers are caught by police and held to account,” he said.

“We encourage retailers who have been a victim of a shoplifting incident to report theft incidents to police rather than absorb it as a cost of doing business, because it will help us build a more comprehensive and clearer picture of what items are being targeted and where thieves are most active.”

To see the list of target suspects and to learn more about the campaign, click here 

If you have any information about unsolved crime or suspicious activity, then call anonymously via freecall on 1800 333 000 or submit a tip here 

“We encourage retailers who have been a victim of a shoplifting incident to report theft incidents to police rather than absorb it as a cost of doing business...”

Seven Dining Trends to Watch in 2023

Trend One

DEPOSITS TO SECURE BOOKINGS AND AUTOMATED TEXT REMINDERS TO REDUCE “NO SHOWS” IN RESTAURANTS

One of the biggest challenges facing the restaurant industry is the issue of “no shows” - customers who book a table but fail to turn up. Not only is this frustrating, it also results in lost revenue and food waste.

To combat this problem, many restaurants are now requiring customers to pay a deposit when booking a

1300 244 727

tadams@bigscreenvideo.com.au bigscreenvideo.com.au

As we approach the mid-point of 2023, the hotel industry continues to experience steady transformation. With the advent of new technologies, changing consumer preferences, and a renewed focus on sustainability, the industry is always innovating.

table, which is then deducted from their final bill. This not only ensures that customers are more likely to show up but also provides some financial security for the restaurant.

While some customers may be put off by the idea of paying a deposit, it’s becoming increasingly common and more accepted. Perhaps give it a trial and see if there is any drop-off in your online bookings.

Trend Two

GREATER DEMAND FOR MORE CHOICE ON PLANT - BASED MENU OPTIONS

Many restaurants are now offering more choice and variety when it comes to plant-based menu options. This includes everything from vegan burgers to plantbased sushi and seafood.

By offering a wide range of vegetarian options, restaurants can attract a new customer base and stay ahead of the competition.

However, it’s important to remember that simply offering plant-based options isn’t enough. These options must be well thought out and delicious, just like any other menu item.

In addition, some options should be nutritionally

appealing to tap into health conscious customers. Consider working with a nutritionist or plant-based chef to help develop your menu and stay on top of this trend.

Trend Three

MORE ONLINE BOOKINGS ( 30% OF BOOKINGS WERE ONLINE LAST YEAR )

More patrons are choosing to book their restaurant tables online - 30% of all restaurant bookings were made online last year. This trend is set to grow, and it is efficient for hotels, freeing up staff from taking phone bookings.

Make sure you invest in a user-friendly online booking system.

• Can people make changes to their booking if necessary?

• Does the booking system sit within your website? Or does it take people away from your website?

• Can you design it with your branding?

• And make sure it can be reached from every page on your website.

Set menus typically offer a limited selection of dishes at a fixed price, making it easier for chefs to plan and prepare their ingredients, and reducing the incidence of food waste.

Trend Four

USE SET MENUS TO HELP REDUCE WASTAGE AND CATER FOR LOWER STAFF NUMBERS

COVID-19 saw the rise of set menus.

While they might be a stretch for the average diner coming in for a midweek meal, set menus are a great option for group bookings or events.

There is also a growing acceptance for set menus at peak times – perhaps Friday and Saturday nights?

With rising food costs and a shortage of staff in the hospitality industry, many restaurants are now turning to set menus – or reduced menus - to help cure wastage and cater for lower staff numbers.

Trend Five

WORKPLACE WELLNESS TO RETAIN HOSPITALITY STAFF

If staff shortages are affecting your hotel, then staff retention strategies are essential.

Younger people expect job conditions that older people sometimes roll their eyes at – but flexibility and “wellness” (caring about the individual) are expectations for many staff.

By prioritising the wellbeing of their staff, hotels can create a positive culture that attracts and retains top talent.

Trend Six

CONTACTLESS MENUS AND PAYMENTS

In today’s post-COVID world, some customers are now wary of touching shared surfaces such as menus and payment terminals. To combat this problem, consider contactless menus and payments to improve the safety and convenience of customers.

Trend Seven

EMPHASIS ON LOCAL AND SEASONAL INGREDIENTS

Nothing new… but a continuing trend. People have a desire for sustainability and reducing carbon footprints,

so it makes good business sense to place a greater emphasis on local and seasonal ingredients.

This also allows you to create memorable dishes that reflect the local region – and it supports local farmers and producers.

When you get it right, make sure you promote it. This includes in your advertising and social media, and at the point of sale – your menus. Make sure the descriptions emphasise the source of food (eg. “Burra saltbush lamb” or “Barossa Valley pork belly”).

Final Note

Implementing trends in your pub or restaurant can be a great way to stay ahead of the competition and attract new customers. However, it is important to remember that each trend must be carefully considered and tailored to the specific needs of your business. By following these tips and staying ahead of the curve, you can ensure that your pub or restaurant remains competitive and successful in the years to come.

Taking Australia by storm!

“...it makes good business sense to place a greater emphasis on local and seasonal ingredients.”

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.

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.

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