THE OFFICIAL PUBLICATION OF THE AUSTRALIAN HOTELS ASSOCIATION (SA BRANCH) OCTOBER 2023
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THE DRAGON’S BACK WITH ULTRA ENTERTAINMENT!
Shortcut to Stories
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From the President
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HA|SA Selected To Deliver A Key Government Initiative
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Regional Meetings
OCTOBER 2023
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Publican Profile: Loretta Wilmshurst Tribute
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Hotel feature
Workplace Relations
04 From the President
14 Regionl Meetings
29 Member Advice
08 From the CEO
17 ‘Salt’ adds to iconic main stretch in Port Elliot
31 Corporate Partners
Photos from AHA|SA Regional Meetings
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‘Salt’ adds to iconic main stretch in Port Elliot
Analysis of the Closing Loopholes Bill.
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11 AHA|SA Selected To Deliver Key Government Initiative 12 P ublican Profile: Loretta Wilmshurst Tribute
32 AHA|SA Office Holders & Publisher
25 Workplace relations: Government Tables further IR Reforms: Closing Loopholes Bill 2023
W W W . A H A S A . A S N . A U
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Red Tape... We’re Strangled By It! From the President DAVID BASHEER
Every incoming Government - State or Federal - comes in with a mantra of reducing red tape for business. And then they all proceed to increase it. The growth of regulation and compliance in our industry remains a constant and exhausting battle. Hotel operators are frustrated and overwhelmed by the uncoordinated approach taken by too many local, state and federal agencies, none of whom seem capable of even speaking to each other. Many new obligations have left us not only bewildered but result in us having to pay the cost of mopping up unintended consequences. So often, our smallest family operators have been asked to have a back office rivalling the size of BHP or Santos. The realities of running a small business mean you are knee deep in operations all day. Once the kids have been put to bed, and tomorrow’s school lunches made, you do your payroll, pay your accounts, and familiarise yourself with the latest round of regulations. In isolation, the Federal Government’s new Food safety standards (3.3.2A for those who enjoy bureaucratic speak) seems a reasonable impost. But we already have heavy compliance obligations 4 | Hotel SA | www.ahasa.asn.au
with local and state governments. With this new layer of obligation, what is being removed? Were these new training obligations crafted in full knowledge of what hotels already are required to do? Last month, Fair Work officials from Victoria came to Adelaide for three days and raided (and I use that term accurately) a series of western suburbs hotels and restaurants. Bemused owners, managers and staff were left wondering what they had done wrong, not realising the raids were merely random. Really? That is the most effective manner for all to go about running our businesses?
“The growth of regulation and compliance in our industry remains a constant and exhausting battle.” For example, the onerous obligations recently added around loyalty customers does very little to support the mantra of a businessfriendly Government.
The Malinauskas State Labor Government came to office with a mantra of being business-friendly. Their two budgets to date have supported that mantra, with no new taxes, a focus on the labour shortage and a strong appetite for events.
During Covid, we become accustomed to Government’s controlling our businesses. As challenging as it was back then , we accepted we were living in unparalleled times and banded together to protect our communities.
But what is very business unfriendly is the ever-changing landscape around our compliance obligations in liquor and gaming. These are two heavily regulated products, and we totally accept a need for strong compliance. However, the goalposts keep moving and our members - especially our smaller members are struggling to keep up.
Rather than have a peaceful reset after Covid, Governments are now forming an appetite to unreasonably remain in our businesses. That appetite does nothing for productivity or business confidence. It simply sends a message that doing business is getting harder and harder. Back to Contents
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Watch Video AIRBNB AND THE LABOUR SHORTAGE. Over the top red tape and regulation always places an unfair and costly burden on our small and family operations. But one area seemingly devoid of those problems remains Airbnb. Airbnb in Australia avoids the regulations applied in most other parts of the world.
That is a significant amount of stock taken out of the housing market. Houses that can accommodate the chef in Port Lincoln, the front office manager in Whyalla or the assistant manager in the city. In Australia, over 18 months, Airbnb listing have increased by 25%! With 166,000 listings, Australia ranks as 10th largest globally.
The housing crisis is both a social and economic issue in this country, and it is a major barrier for recruiting staff from interstate or overseas.
Before the pandemic, the listings in Australia topped over 300,000, only one-quarter of which were “hosted” accommodation where the owner was on site.
Airbnb is not just Mum & Dad operators renting out the teenager’s room for a few days, or a house whilst the owners are enjoying a month of sun in their caravan in July. In South Australia, more than 1,700 full homes are listed for shortterm rental; that is 1700 homes not offering a roof over a family’s heads.
The decisions being taken by apartment and house owners to offer their properties for shortterm rather than long-term rental are having a concerning impact on housing availability, both in the cities and regions. Not unlike many other digital-platform-driven markets, unfettered growth has led to consequences far exceeding the initial intent. In the case of Airbnb, Stayz and other similar listings, the original concept of letting out a spare room or couch in a hosted environment has been overwhelmed
According to Air DNA Data: • 63% of all Air B&B listings are entire homes or apartments • half of those available for periods greater than 90 days. Back to Contents
by property owners who are seeking a higher rental income. These people are choosing to list their vacant houses and apartments on digital platforms, rather than making the properties available for longterm rental. Even the chief executive and founder of Airbnb Brian Chesky was recently quoted as saying “it wasn’t about empty homes, it was about people staying with each other… the values got ‘watered down’ ... if I could do it over again, I would hold to those values.” Commercial accommodation providers operate in a highly regulated business environment, with a raft of related compliance costs – increased land tax, commercial Council rates, payroll tax, Workcover levies and insurances, staff wages, food safety, fire safety and building compliance – for example, disability access and egress. By contrast, short-term rental accommodation in Australia has very little regulation in most jurisdictions and generally owners www.ahasa.asn.au | Hotel SA | 5
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“Many restrict Airbnb properties to a maximum of 90 days a year.” only pay residential-level council rates. A home or apartment can be transformed into a tourist accommodation “overnight”. For many properties in tourist areas, occupancy needs only to be as low as 35% for there to be a greater financial incentive for landlords to choose short-term over long-term rental. This is a gross under-utilisation of the accommodation amenity from a community perspective, and at a time of high housing rental costs and low availability, it is adding to the difficulties. In addition, as short-term accommodation is often concentrated in higher tourist areas, the reduction in rental stock has exacerbated the difficulties for staff working in tourism areas being able to find rental accommodation. More broadly, the lack of rental properties Back to Contents
across most regions of Australia is limiting the attractiveness of people migrating to take up important skilled positions or for people wishing to relocate to take up work. GLOBAL SOLUTION So what do London, Amsterdam, Paris, San Francisco, Barcelona, Berlin, Hong Kong, New York have in common? They have regulatory structures to manage Airbnb in these international cities. Many restrict Airbnb properties to a maximum of 90 days a year. A report by the Australian Housing and Research Institute supports this regulated level, stating “it represents a period of time thought to be the maximum period long term occupants could vacate their property without having to seek alternative long-term accommodation themselves”.
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77 entire houses and apartments in SA and generates earnings over $1.5m million per annum. It’s time they started contributing to South Australia like the rest of us. It’s time to seek a nationwide cap of 90 - 120 days for unhosted accommodation, with State and Territory Governments either imposing themselves, or enabling local governments to impose, caps below 120 at a level that reflects local tourism and rental circumstances Property owners who seek to exceed the cap should apply for DA approval and be subject to commercial regulation, as hotels are required to do. Restricting Airbnb to its core values would be a great boost to our housing crisis and the labour shortage in this State.
53% of Airbnb owners or property managers operate more than one property. A staggering 29.5 % operate more than 10. Airbnb owns no hotels, builds no hotels, employs no one, trains no one! The largest Airbnb ‘host’ lists
David Basheer, AHA|SA President www.ahasa.asn.au | Hotel SA | 7
Closing Loopholes – A step forward to take two back From the CEO ANNA MOELLER
Closing Loopholes is literally the name of the Bill containing the latest suite of industrial reforms to be proposed by the Federal Government. Unfortunately the casual employment ‘loophole’ being targeted will almost certainly have a number of unintended consequences for both venues and the vast number of casual employees working within our industry. The first part of the Bill proposes to introduce a new definition of casual employment and additional pathways to permanent employment. The apparent aim of this is to close the loophole of permanent casual employment and create a new pathway for workers to seek permanency.
“Closing the loophole will see the closure of a lot of things. It will close off the opportunity for workers to choose to work particular days out of either certainty or necessity.” 8 | Hotel SA | www.ahasa.asn.au
Only problem is many of those working in pubs actually want to be a ‘permanent casual’. The proposed definition of casual employment will see the end of the current quite valid participation of casual workers in our hotels. It ignores the fact that many workers actually seek out a regular pattern of work, but at the same time want to retain the flexibility to reject shifts or accept more. It ignores the fact that many workers enjoy the benefits of being paid casual wage loadings. It ignores the fact that the current legitimate system is currently working – for everyone. Unfortunately it also ignores the fact that in ensuring under the new criteria that a worker is indeed a casual, existing casual employees will have less employment security and less entitlements than they currently have. It will also take off the table casual conversion – ironically the main pathway to permanent employment for those that want it! Closing the loophole will see the closure of a lot of things. It will close off the opportunity for workers to choose to work particular days out of either certainty or necessity. Employees that wish to be casual will lose the ability to plan their week as they arguably cannot be placed on a weekly roster. We will have created a one day at a time employment relationship that detrimentally impacts longer term casuals that remain casual by choice - not to mention the difficulties it creates if you are trying to effectively run a pub.
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Watch Video “The proposed prohibition on a regular pattern of hours will mean there can be no ‘regular casual employee’ as currently defined in the legislation as employers will be prevented from employing a casual employee on a regular and systematic basis.” The proposed prohibition on a regular pattern of hours will mean there can be no ‘regular casual employee’ as currently defined in the legislation as employers will be prevented from employing a casual employee on a regular and systematic basis. This will close off the casual employee’s access to entitlements under the National Employment Standards where there is the requirement for the casual employee to have been employed on a regular and systematic basis to be able to access things like unpaid parental leave, flexible working arrangements and a potential ineligibility for casual conversion to permanency at the 12 month mark. Improved pathways to permanent employment is a good thing. In fact any pathway to any employment is a step in the right direction. It’s just that such a significant change to the definition of casual is not only not necessary to close this loophole it has detrimental unintended consequences for both employees and employer. It will have far reaching Back to Contents
consequences for casual employees even where they didn’t want a permanent job. It removes choice for both the employer and employee in relation to work and what it looks like. Reform can be a positive thing. But at the same time there needs to be an acknowledgment that we currently have a majority of casual workers in our industry that elect to remain casual but also wish to retain their existing flexibility, certainty, higher rates of pay and conditions of employment. Otherwise it really will be one step forward and two, maybe more, back.
Anna Moeller, AHA|SA CEO www.ahasa.asn.au | Hotel SA | 9
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Hostplus – Fund of the Year
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AHA|SA Selected To Deliver Key Government Initiative The State Government has appointed the AHA|SA to a panel of providers to provide business skills workshops. The Small Business Fundamentals Program will build participants fundamental knowledge and capability in areas critical to long term business sustainability and growth, and will be delivered across three streams: • Financial Management, Cash Flow and Budgeting • Leadership and Management • Marketing and Sales. “This is a great opportunity to access low-cost programs that have been subsidised by the government,” said AHA|SA CEO, Anna Moeller. “Expected outcomes include improved profitability and competitiveness, more South Australians employed in small and family businesses, and greater diversity in the state’s business sector The program is part of SA’s $14.25 million Small Business Strategy.
development and planning, transition or succession planning, digital literacy, strategic planning, marketing and becoming an employer of choice. Delivery areas are: •
Adelaide CBD
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Greater metropolitan Adelaide
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Mount Gambier
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Barossa Valley
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Berri
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McLaren Vale
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Adelaide Hills
Delivery partners will prioritise support for regional businesses and underrepresented cohorts including First Nations people, women, business owners living with disability, and culturally and linguistically diverse business owners. “During our engagement process last year, the small business community told us their biggest challenges are a lack of time and resources to focus on strategy or growth as well as cashflow and lack of access to capital, attracting and retaining staff, digital literacy and other foundational skills,” said Andrea Michaels, Minister for Small and Family Business (pictured top left).
It outlines the policies and programs to support small businesses until 2030, informed by one of the largest engagement exercises ever undertaken by government with the business community.
“The Small Business Fundamentals Program responds directly to these challenges, providing the tools and tailored support for small and family businesses to build their business know-how and capability in areas critical to long-term sustainability and growth.
The AHA|SA is part of a statewide network of partner organisations who are offering mentoring and business coaching as well as training in legal and financial management, human resources, workforce
“Our delivery partners have been selected to ensure a balance of support for small businesses, across industry sectors and throughout metropolitan and regional South Australia.”
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www.ahasa.asn.au | Hotel SA | 11
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Loretta Wilmshurst Tribute The following tribute was made at the AHA|SA Women In Hotels Hall Of Fame dinner, to acknowledge the incredible contribution made by Loretta Wilmshurst. Today we celebrate the incredible journey of Loretta Wilmshurst, a trailblazer in the South Australian hotel industry. Her story is one of courage, determination, and a steadfast commitment to building not just businesses, but vibrant communities. Loretta’s hotel journey commenced in January 1980, when she and her husband Rodney took a bold step and acquired the Moonta Hotel. Loretta, at 31 years old, found herself embarking on a journey that would test her resilience. Amidst challenges like a mice plague, lively discos, and rooms filled with cigarette smoke, Loretta embraced the bustling energy of those early days. As she vividly recalls, back then, calculations were done mentally and drinks were tallied in one’s head. Those were the times of social club 12 | Hotel SA | www.ahasa.asn.au
picnics, where camaraderie was fostered, and the drinks flowed generously, leaving unforgettable memories. Sundays were a day of rest, and the 12 o’clock closing created a rhythm of life that Loretta navigated with her trademark tenacity. Saturday night closing meant the entire team rolling up their sleeves to clean the pub, followed by a welldeserved knock-off drink. It was a time of community, of shared responsibilities, and of building connections that would withstand the test of time. Loretta’s journey continued, marked by transitions that showcased her unyielding spirit. From acquiring the Commonwealth Hotel in Pt Augusta, to transforming Spuds Roadhouse in Pimba near Woomera, she embraced challenges head-on. Who can forget the transformation of Spuds, where 4,000 tons of filling were brought in to combat boggy roads and where electrical work turned the yard into an amazing winter display of lights?
In each chapter, Loretta’s perseverance remained a constant. Through motel rooms, workshop services, RAA assistance, and more, she nurtured an environment of service and community. The joy of a Sunday night schnitzel drew crowds, uniting people from stations, Woomera, and Roxby. Through fires, hold-ups, and the recent challenges brought by the pandemic, Loretta’s true spirit shone brightly. She fostered loyalty among her staff, creating a family that stood together through thick and thin. With a steadfast approach, she expanded her hotel group, including the Commercial Hotel in Two Wells. Along the way, there may have even been a ghost or two! So we celebrate Loretta’s remarkable journey, a journey that has left an indelible mark on our industry. Her dedication to the South Australian hotel industry is truly awe-inspiring, and we are thrilled to induct her into the Women in Hotels Hall of Fame. Back to Contents
Loretta and Rodney in 1999, came with a ghost. “The cleaner would come in, and next minute, the brandy would glug, and the door would swing, and it was George,” said Loretta. There are ample stories of George the Two Wells ghost. He’s been seen on beds and in windows by guests, was fond of glugging brandy from the bottle, swinging doors (particularly in the kitchen), rattling tills, and according to Loretta’s youngest granddaughter, lived in the key room of the pub.
LORET TA WILMSHURST – AN AMAZING JOURNEY
nearby. There were many discos, many meals, and then a mice plague.
BY LUCY BREWER
“You had them running around and up in the ceilings … dying in the floorboards … they’d be crawling all over you, so you’d be putting your head under the blanket,” said Loretta.” “It was terrible … everybody had them … it was a very difficult time to go through.”
In Loretta Wilmshurst’s forty odd years as a prolific country publican, there have been hold ups and a mice plague, a brandy-loving ghost named George, discos, renovations, grandchildren, great staff, and a lot of hard work. Loretta and her husband, Rodney, started their journey as publicans at a barbeque. They spoke to an expublican, and while the two were on their way home, Rodney suggested they buy a pub. “We put our house on the market, and I think we sold it in three weeks,” said Loretta. “We hopped in the car, and away we went with the kids in the back, to look for a pub.” It was 1980. Loretta was 31, Rodney was 35, and the pub they found was the Moonta Hotel. It was for sale, and after running into the publican, the couple purchased it. “It was by the seaside, which was lovely,” said Loretta. “The kids used to wake up and go squidding on the jetty … it was very busy in the Summer season.” To begin with, the family lived in the hotel and then found a house Back to Contents
Eventually, Rodney’s mum became unwell, and the family relocated to Port Augusta, where they used to live. They acquired the Hotel Commonwealth, bought a house, and according to Loretta, “had a bit more of a home life.” But Loretta’s journey as a publican was far from over. From Port Augusta, the family went to Pimba, and transformed Spud’s Roadhouse. “We did everything up,” Loretta said. “We had accommodation for staff and workers … we got a new house.”
“One day I was coming up the stairs and heard a bang, and there were toys being thrown around the room,” said Loretta. “That was George.” Beyond ghost stories, through Loretta’s many years as a publican, there have been challenges aplenty. Robberies, fires, unpredictability, and the many day to day issues that come with managing hotels. Yet, her passion remains. “Be prepared to work,” she said, when asked about the advice she’d give. “We worked hard and then you had a lot of fun going along the way … you do get challenges, but you cope with them at the time.” While Loretta feels the industry may be more serious than it once was, she remains a believer that there is a lot of enjoyment and satisfaction that comes from being a publican, particularly when you surround yourself with a supportive team.” “You cannot manage a hotel without the support of good staff and loyal staff, that stick by you no matter what,” she said.
Loretta’s children had grown up and started to have children of their own. “Our family grew, so that was lovely,” she said. “And then we came back to Two Wells, and that’s where the ghost story was.” The Two-Wells Tavern-Motel, an iconic regional pub acquired by www.ahasa.asn.au | Hotel SA | 13
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REGIONAL MEETINGS The AHA|SA held two fantastic regional meetings throughout the month of September. It was a great turnout at the Victoria Hotel in Port MacDonnell. A massive thanks to Anne-Maree , Steve and Rachel Johnstone along with their wonderful team for hosting this event on a beautiful September day. It was also a great afternoon for the Gawler Barossa Regional meeting at the Exchange Hotel Gawler on 26 September. Amazing hospitality was provided by Damien, Kurt and the team. A huge thanks to all members and partners who supported these days.
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R E G I O N A L
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M E E T I N G S
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‘Salt’ adds to iconic main stretch in Port Elliot BY TYLER MAUND
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“Entering the building will take you into the wine bar, which is presented in a clean and modern style that encapsulates a coastal feel.” When tourists converge on the Fleurieu Peninsula to enjoy the summer sun, ready and waiting will be the Hotel Elliot , along with its new expansion ‘Salt at the Elliot’. Salt at the Elliot offers patrons an entirely different Hotel Elliot experience, with a wine bar perfect for a sit down eat and drink, and an events space that can cater for all the needs of the perfect wedding. It’s the latest addition to Port Elliot’s iconic main stretch, The Strand, and one that is set to continue the Hotel Elliot’s reign as a coastal favourite. “It’s a brand new layout and it has a very coasty, vibey feel,” said Hotel Owner Matt Kelly.
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“We do a lot of cocktails in there, it’s just another offering for the establishment, the beer garden has been extended so it links between the two venues out the back.” Introduced to locals and tourists in December last year, Salt at the Elliot is the product of a long-anticipated plan to provide the Hotel Elliot with a versatile function space. “The one thing that the hotel didn’t have is a good dedicated events space,” said Matt. The opportunity arose in January 2020 through a block of land directly next door, and it was an easy decision for Matt and his business partner, Barry Rowett, to pounce on the opportunity. “It was a block of land with an old house, it was used for pinball parlour,” he said. “It was 1000 square metres and available to buy, so when that land became available it was a no-brainer. “We snapped it up on the same day it became available and then bulldozed the old home.” Nearing twelve months on from its initial opening, Matt is excited to see Salt at the Elliot begin to blossom, with its own kitchen now fully complete and the early battles of Covid in the rear-view mirror.
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“Tourism in Port Elliot is thriving, I’m a little bit biased but it is the jewel in the crown.” “The timing during Covid wasn’t great, but now with people travelling again it’s gone back to those precovid times,” he said. “The kitchen wasn’t fully completed going into summer last year, but we managed through as we have three kitchens at the venue. “The biggest task now is to get our event space out there to the public, we are going through the necessary channels.” As visitors walk in to Salt at the Elliot they are greeted by a red brick in tandem with an off-white rendered exterior, which compliments the existing build of the Hotel Elliot. “I thought that when we did Salt we could culminate the two together on the facade area,” said Matt.
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“I think we’ve accomplished that.” Entering the building will take you into the wine bar, which is presented in a clean and modern style that encapsulates a coastal feel. “We went through Mosmo Living, they did our interior designing, Sandy Wilkinson did our facade,” said Matt. The Wine Bar is open daily for lunch and dinner, along with a breakfast menu that is available on weekends. It suits anything from the casual drop-in along the bifold window seating, to a booked gathering of up to 12 people, there is even the option to enjoy a night cap by the fireplace courtesy of a cosy lounge area. Venturing off the floorboards of the wine bar takes you onto a polished concrete walkway that leads through to the event space, which has a capacity of 120 people. Back to Contents
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It is a premium offering that continues the modern coastal style presented in the wine bar, with white tablecloths and oak-coloured furnishings. “It looks pretty snazzy with the lights and what not, I’m very happy with it,” said Matt. The event space is perfect for large celebrations including wedding and engagement parties, whilst it also offers a great environment for professional events such as conferences and corporate dinners. The venue also hosts trivia nights, alongside other events that are scheduled leading into Christmas. Salt at the Elliot has a dedicated kitchen, and its versatility enables for both the wine bar and event space to operate separately, or both can be booked out together. The two areas also have a dedicated bar each, adding to the two bars that already existed in the Hotel Elliot. “Four bars keeps us busy, but it gives us the opportunity to maximise trade in the peak times,” he said. Salt at the Elliot’s kitchen also offers a clearly different menu to its neighbour the Hotel Elliot, offering more refined food that gives customers another alternative. “It’s just maximising for when we do have people down, we have those extra areas,” he said. Back to Contents
Hotel Elliot, SA
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“Port Elliot is a popular destination for retirees, and whilst tourists arrive in numbers during the summer months, a focus on the locals in the area is just as important.” “If people want to have an engagement party we can do that now, where we wouldn’t have been able to in the existing building.” The addition of the new spaces have also seen an increase in jobs, with almost double the amount Back to Contents
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of employees working over the holiday season in comparison to previous years. “Through the summer months we had 35-40 staff on the payroll, that has now increased to 65-70,” he said. With Port Elliot continuing to be a tourist hotspot in warmer weather, Matt is optimistic for the impact Salt at the Elliot can have this summer. “Most importantly it is an offer for tourism which is first and foremost on my mind at that time of year,” he said. “Tourism in Port Elliot is thriving, I’m a little bit bias but it is the jewel in the crown. “I’m looking forward to the Tour Down Under in January, we will get a bit of traction there. The Hotel Elliot is located only 350m from Horseshoe Bay and is situated next to the railway track that sees the Cockle train steam through in summer, providing a great opportunity for tourists to stop by the Hotel or Salt at the Elliot. www.ahasa.asn.au | Hotel SA | 23
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“Most importantly it is an “It’s just about working out ways to do it more efficiently, offer for tourism which is that’s my biggest challenge going forward,” he said. first and foremost on my Another challenge that Matt and many coastal pub owners encounter is the difficulties of navigating winter, mind at that time of year.” Entering his 11th summer at the Hotel Elliot, Matt believes that it gets busier and busier each year.
where revenues drop substantially.
“I’ve always said if I can break even in winter, or make a little bit of money in winter, then I’ve made it as a businessman,” he said. “It is always something that is first and foremost on my radar. “Going in to May there’s a bit of a shock to the system how quickly it drops, it’s just one of those things we’ve just got to learn to accept.” Taking on extra business outside of the pub is one way Matt navigates the winter hurdles, such as catering at the Victor Harbor Football Club. “To give my chefs a bit of work I’ve taken on the catering at the Victor Harbor footy club this year so that brings in a little more income on the food side of things,” he said. Port Elliot is a popular destination for retirees, and whilst tourists arrive in numbers during the summer months, a focus on the locals in the area is just as important. “We look after our seniors with lunches in the Elliot and Salt Monday to Friday,” said Matt.
“As with any business, it’s all about the service,” he said. “That two week period after Christmas, I wake up in the middle of the night thinking about it and how we can do it better. “I just want people to be happy, that’s the most important thing for me.” With Salt at the Elliot now ready for summer, an update to the outdoor area of the Hotel Elliot may be next agenda. “I’m extremely excited moving forward, we are really happy that there are a lot more offerings that we can provide,” he said. “The outdoor area is one area I might look at sharpening up, we need to put some more heat out there in the winter months. “Along with restoring the original brick at the Hotel Elliot.” Matt also holds an interest in The British and The Kentish in North Adelaide, and The Republic in Norwood.
“My locals are very important to me. “I was down there the other week and there was quite a few in which was lovely, it makes me really happy. “You go in and people know each other, and I see that in the summer months. “There is a network of people that stay very close and they are there that time of year.” With 35 years of experience in the industry, Matt is always looking for ways to improve. 24 | Hotel SA | www.ahasa.asn.au
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W O R K P L A C E
R E L A T I O N S
Government Tables further IR Reforms: Closing Loopholes Bill 2023 OWEN WEBB - AHA | SA WORKPLACE RELATIONS MANAGER
On 7 September 2023 the Federal Government tabled their 3rd tranche of industrial relations reforms through the introduction of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Closing Loopholes Bill). The Closing Loopholes Bill has been referred to the Senate Education and Employment Legislation Committee (Committee) for inquiry and report by 1 February 2024. The Australian Hotels Association has provided a submission to the Committee Inquiry and will be making further representations to the Committee and Government on the Closing Loopholes Bill.
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The Bill proposes amendments across four broad areas: •
Employee and ‘employee-like’ pay and conditions
•
Employee entitlements
•
Work health and safety reforms
• Changes to existing enterprise agreement arrangements In this article we look at some of the proposed amendments that would have the most significant impact across the hotel industry if the legislation was passed, with a particular emphasis on the changes being proposed to casual employment.
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W O R K P L A C E
R E L A T I O N S
CASUAL EMPLOYMENT Casual Definition Undoubtedly one of the most significant amendments being proposed in the Closing Loopholes Bill for the hotel industry are the changes to the definition of casual employment. The Federal Government is seeking to amend the definition of a casual employee in section 15A of the Fair Work Act 2009 (the Act). The current definition of a casual employee in section 15A defines a casual according to the terms of the initial offer of employment on the basis that there is no firm advance commitment to continuing and indefinite work. In determining whether there is no firm advance commitment to continuing and indefinite work, a range of factors are taken into consideration, including: • Whether the employer can elect to offer work and whether the person can elect to accept or reject work • Whether the person will work as required according to the needs of the employer • Whether the employment is described as casual employment • Whether the person will be entitled to a casual loading or a specific rate of pay for casual employees under the terms of the offer or a fair work instrument. Under the proposed amendment to the casual definition in section 15A the Government is seeking to retain the principle that the employment relationship
26 | Hotel SA | www.ahasa.asn.au
is characterised by an absence of a firm advance commitment to continuing and indefinite work. However in determining whether the commitment exists, the proposed definition will not only take into consideration what terms were agreed to as part of the initial offer of employment but also focus on ‘the basis of the real substance, practical reality and true nature of the employment relationship’. The absence of a firm advance commitment to continuing and indefinite work will also be determined having regard to: • the offering of work by the employer and acceptance or rejection of work for the employee; • the likelihood of future availability of continuing work in that enterprise of the kind usually performed by the employee; • whether there are full time or part time employees performing the same kind of work as the employee; • whether there is a regular pattern of work for the employee. Despite the terms of the contract of employment agreed to between the employee and employer, the definition allows for the fact that a firm advance commitment can be inferred simply because of a mutual understanding or expectation between the employer and employee. In respect to a regular pattern of work, the pattern of work can still be considered regular even if it is not absolutely uniform and includes some fluctuation or variation over time.
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W O R K P L A C E
The impact of the proposed change to the casual definition is that the determination of whether an employee is categorised as a casual or not, will no longer come down to what has been agreed to between the employer and employee in the initial offer of employment. The determination will be assessed based on the contractual arrangements and the postemployment behaviour of the employee and employer taking into consideration hours of work, roster patterns and availability of work. MISREPRESENTATION OF CASUAL EMPLOYMENT The Closing Loopholes Bill proposes a new section 359A of the Act regarding the misrepresentation of casual employment. Under the proposal an employer “… that employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for casual employment under which the individual performs, or would perform, work other than as a casual employee”. The proposed new section 359A would be a civil remedy provision and therefore penalties could exist against an employer who is found to be misrepresenting casual employment. Misrepresentation will not occur under the proposed amendments if the employer proves that, when the representation was made, the employer reasonably believed that the contract was a contract for employment as a casual employee. There are currently no provisions in the proposed new section which refer to misrepresentation brought on by an honest mistake or as a result of an unintentional error. The new provisions also don’t make it clear as to whether or not there is the potential for an employee to make a claim for backpay of wages and entitlements in the event of misrepresentation. EMPLOYEE CHOICE ABOUT CASUAL EMPLOYMENT The Closing Loopholes Bill proposes a new section that deals with “employee choice” regarding casual employment. Under the proposed amendments a casual employee who has been employed for a period of at least 6 months (or 12 months for a small business) would be able to give a written notification to their employer, that based on their working arrangements they believe that they no longer meet the definition of casual employment.
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R E L A T I O N S
The employer would be required to respond to the employee’s notification within 21 days after the notification, providing a statement about either accepting the notification or not accepting the notification. If the employer accepts the notification, they will need to provide the employee with information regarding changing to full-time or part-time employment, the change to their hours of work and the day the change would take effect from. The employer would only be able to decline the notification on any of the following grounds: • The employee still meets the definition of casual employment under the Act; • Accepting the notification would be impractical because substantial changes would be necessary to the employee’s terms and conditions of employment to ensure that a fair work instrument (i.e. Award, Enterprise Agreement) is not contravened; •
ccepting the notification would result in the A employer not complying with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory.
If there are disputes in relation to the non-acceptance of the notification or the notification process under the new section and it cannot be resolved at the workplace then the matter can be referred to the Fair Work Commission (FWC). These proposed ‘employee choice’ amendments would operate in unison with the existing casual conversion provisions. WAGE THEFT The Closing Loopholes Bill is seeking to introduce a new criminal offence ‘wage theft’ for instances where an employer deliberately underpays an employee(s) wage(s) and or entitlements. The new provisions would not apply to superannuation payments or contractual entitlements. They apply to amounts payable under the Act, a Fair Work Instrument (i.e. Award, Enterprise Agreement) or Transitional Instrument. Under the proposed amendments employers who are found guilty of the offence can be subject to a maximum penalty of 10 years imprisonment and or a maximum fine of the greater of 3 times the amount of the underpayment or for an individual $1,565,000 or for a body corporate $7,825,000. The amendments propose avenues that an employer could enter into to avoid prosecution if they selfdisclosed their conduct, this includes an option for
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W O R K P L A C E
R E L A T I O N S
any of the following matters: payment terms, deductions, working time, record keeping, insurance, consultation, representation, delegates’ rights and cost recovery. A minimum standards order cannot include terms about any of the following matters: overtime rates, rostering arrangements, a term that would change the form of the engagement or status of workers, WHS matters dealt with by a law of the Commonwealth, a State or a Territory. MEANING OF ‘EMPLOYEE’ AND ‘EMPLOYER’
an employer or person to enter into a ‘cooperation agreement’ with the Fair Work Ombudsman (FWO). Under such an agreement the FWO would not refer the employer to the Director of Public Prosecutions or the Australian Federal Police for action in relation to a possible offence. ‘EMPLOYEE - LIKE” WORKERS The Closing Loopholes Bill proposes amendments to implement new provisions in the Act to enable the FWC to set minimum standards orders and minimum standard guidelines for workers in ‘employee-like’ forms of work, such as those in the gig economy. An employee-like worker under the proposed amendments would be a person who is working under a services contract, the work that the person performs under the services contract is digital platform work, they are not an employee under the services contract and they satisfy one or more of the following: • the person has low bargaining power in negotiations
in relation to the services contract under which the work is performed;
• the person receives remuneration at or below the rate of an employee performing comparable work; • the person has a low degree of authority over the performance of the work; • the person has such other characteristics as are prescribed by the regulations. An application for a minimum standards order can be made by a digital labour platform, a registered organisation representing digital labour platform workers or businesses or the Minister for Employment and Workplace Relations. The FWC can also set minimum standards of their own motion. A minimum standards order may include terms about
28 | Hotel SA | www.ahasa.asn.au
In response to the High Court decisions in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2, the government in their Closing Loopholes Bill are proposing to amend the Act by determining an ‘employee’ and ‘employer’ based on the “real substance, practical reality and true nature of the relationship between the individual and the person”. The High Court decisions referred to above confirmed that the interpretation of an independent contractor/ principal relationship versus employee/employer relationship can be determined based on the contractual arrangements entered into by the parties. The Government’s proposed amendments in the Bill seek to go beyond the terms governing the relationship by looking at the totality of the relationship between the individual and the person and how the contract is performed in practice. LABOUR HIRE The Closing Loopholes Bill proposes to make amendments to the Act to enable employees, unions and host employers to apply to the FWC to make a ‘regulated labour hire arrangement order’. Such an order would provide for labour hire employees to be paid at least the same amount that an employee would receive performing the same work under a host employer’s enterprise agreement. The FWC must only make a regulated labour hire arrangement order where it is fair and reasonable in all of the circumstances to do so. An order would not apply in the case of an employee working for a host employer under a training arrangement (i.e. apprenticeship, traineeship). Members who would like any further information in relation to the Closing Loopholes Bill can contact the AHA|SA Workplace Relations team.
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M E M B E R
A D V I C E
A C C O U N TA N C Y S E R V I C E S
C L E A N I N G C O M PA N I E S
H E A LT H I N S U R A N C E
Bentleys SA 8372 7900 Perks Accountants & Wealth Advisers 08 8273 9300 Winnall & Co. 8379 3159
A Cleaner World 0426 887 364 Alsco 8346 1391 SCS Group 1300 664 647
Bupa 1300 662 074 (#2146982)
ARCHITECTS & INTERIOR DESIGNERS
Grinders Coffee 1300 476 377
H OT E L M A N AG E M E NT
Mister Lincoln 0402 777 326 Studio Nine Architects 8132 3999
COMPUTER & IT SERVICES
H&L Australia Pty Ltd 1800 778 340
Boylen 8233 9433 Compnow 8133 8000
Digital Marketing AOK 1300 658 543
ART & FRAMING
Art Images Gallery 8363 0806 AT M S
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
COFFEE SUPPLIERS
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
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H OT E L M A R K E T I N G
D E F I B R I L L AT O R S
I N F O R M AT I O N S Y S T E M S / S I T E P R E P
AED Authority 03 8710 8666 Alsco 8346 1391 St John 1300 78 5646
Max Systems 8275 9700
ENERGY & SOLAR SOLUTIONS
Class A Energy Solutions 8391 4853 PowerMaintenance 1300 700 500 Trans Tasman Energy 1300 118 834 EQUIPMENT/SUPPLIES/HARDWARE
Bunnings Group 0435 630 660 Bunzl 08 8245 6222 FA C I A L R E C O G N I T I O N T E C H N O L O G Y
COMS Systems 1800 324 918 Vix Vision 0400 310 326 FINANCIAL PLANNING
Perks Accountants & Wealth Advisers 08 8273 9300 Winnall & Co. 8379 3159 FIRST AID
Alsco 8346 1391 St John 1300 360 455 FOOD SERVICES
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
H OT E L B R O K E R S
Langfords Hotel Brokers 0410 605 224 McGees Property Hotel Brokers 8414 7800
Bidfood 0427 099 558 Galipo Foods 8168 2000 PFD Foodservice 8114 2300 Thomas Foods 8162 8400 FURNISHINGS
Concept Collections 1300 269 800 Mister Lincoln 0402 777 326 GAMBLING SERVICES
The Lott 132 315 UBET 8354 7300 G A M I N G A N A LY S I S
Independant Gaming Analysis 8376 6966 Winnall & Co 8379 3159 G A M I N G F L O AT R E C O N C I L I AT I O N
GBay/Aruze Gaming 0424 700 888 G A M I N G L O YA LT Y
Bluize 1300 557 587 GAMING MACHINE SERVICES
Ainsworth Game Technology 0409 171 616 Aristocrat Technologies Australia 8273 9900 Coms Systems 0409 283 066 GIFT CARDS
The Card Network 1300 375 346 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
INSURANCE
Aon Risk Solutions 8301 1111 KITCHEN & BAR EQUIPMENT
Bunnings Group 0435 630 660 Bunzl 08 8245 6222 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 LINEN SERVICES
Alsco 8346 1391 MEDIA
FIVEaa 8419 1395 Foxtel 1300 138 898 Solstice Media 8224 1600 M I G R AT I O N
Migration Solutions 8210 9800 ONHOLD/MESSAGING
1800 ON HOLD 8125 9370 PAY R O L L & H R R E S O U R C E S
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 P R O P E R T Y V A L U AT I O N S
Knight Frank Valuations & Advisory 8233 5222 R E TA I L L I Q U O R M A R K E T I N G
Liquor Marketing Group 8416 7575 S I G N AG E & P R O M OT I O N A L IT E M S
The Banner Crew 8240 0242 S P O R T S & E N T E R TA I N M E N T M E D I A
Foxtel 1300 790 182 S TA F F T R A I N I N G & R E C R U I T M E N T
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 S U P E R A N N U AT I O N
HostPlus 0418 327 607 WEBSITES
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Adelaide’s Best Hotel Website Design Company
boylen.com.au
T 08 8100 2499 F 08 8232 4979 E info@gamingcare.org.au 4th Floor AHA|SA House 60 Hindmarsh Square, Adelaide SA 5000
Adelaide Web Designer 08 8233 9433
CORPORATE PARTNERS GAMING CARE D I A M O N D
2023/24
P L A T I N U M
G O L D
131 733
S I L V E R
AED Authority
Boylen
Ainsworth Game Technology
Campari Group
Australian Liquor Marketers
Digital Marketing AOK
BankSA
Empire Liquor
Big Screen Video
Foxtel
Bluize
IGT
pfdfoods.com.au Konami Australia Pty Ltd For full product range and details of your nearest branch
Options Craft Liquor Merchants Ryan & Co. Solicitors
Light & Wonder
Liquor Marketing Group
Samuel Smith & Son
Novatech Creative Event Technology
Stoddart Food Equipment
PFD063 Hotel SA Advert (1/4 Page).indd 1
18/05/09 11:47 AM
Oatley Fine Wine Merchants
Tanda
B R O N Z E
1800 ON HOLD
Bunzl
Advisory SA
Statewide Gaming
A Cleaner World (ACW)
Cashzone
Langfords Hotel Brokers
St John
Adelaide Institute of Hospitality
Class A Energy Solutions
McGees Property Hotel Brokers
Studio Nine Architects
Alsco
Compnow
Next Payments
Supagas
Banktech
COMS Systems
The Banner Crew
Bentleys Accountants
Concept Collections
Perks Accountants & Wealth Advisers
Big Shed Brewing Concern
Eckermann Lawyers
Piper Alderman Lawyers
Trans Tasman Energy Group
BK Electronics
GBay/Aruze Gaming
PowerMaintenance
Vix Vision
BOC Limited
Independant Gaming Analysis
SCS Group
Wallmans Lawyers
Bunnings Group
Knight Frank Valuations &
Solstice Media
Winnall & Co
Art Images Gallery
Maxim
Bupa
Migration Solutions
H O T E L
I N D U S T R Y
The Kingsmen
S U P P O R T E R
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OCTOBER 2023 L I C E N S E E
T R A N S F E R S
H OT E L
L O C AT I O N
E F F E C T I V E D AT E
NEW LICENSEE
Rising Sun Hotel
Lobethal
15.09.23
Gregory Mark Ingham and Verity Mary Ingham
The Halfway House Hotel
Bellum
19.09.23
Damien Bernard Williss & Megan Black
Woolshed On Hindley
Adelaide
20.09.23
David John O’Connell
Black Bull Hotel
Adelaide
20.09.23
David John O’Connell
O F F I C E
H O L D E R S
C O N TA C T
EXECUTIVE COUNCIL
OFFICE Level 4, 60 Hindmarsh Square, Adelaide SA 5000
DAVID BASHEER President MATTHEW BINNS Vice President LUKE DONALDSON Deputy Vice President
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
A D M I N I S T R AT I O N
SAM McINNES Secretary Treasurer MATTHEW BRIEN Executive Council ANNA HURLEY Executive Council
ANDREW KEMP Executive Council MATT ROGERS Executive Council
COREY FARMER ELISE FASSINA JAMES FRANZON TONY FRANZON JOHN GIANNITTO TOM HANNAH
PETER JOHNSON JASON KELLY GUY MATTHEWS KAREN MILESI ANDREW PLUSH DARREN STEELE
COUNCIL BRAD BARREAU ANDREW BULLOCK SIMONE DOUGLAS TREVOR EVANS JASON FAHEY TRENT FAHEY
ANNA MOELLER CEO NATARSHA STEVENSON Chief of Staff ALISA WENZEL Financial Controller OWEN WEBB Workplace Relations, Liquor Licensing & Gaming GARY COPPOLA Legal and Advocacy SCOTT VAUGHAN Membership & Business Services
KATHERINE TAYLOR Accommodation Australia (SA) and Tourism Communications LUCY RANDALL Events & Partnerships DIDIER VOLLERIN Liquor & Gaming LIZ TURLEY Training Coordinator BELINDA RICHARD Executive Assistant
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Did you know that there are 1000s of international students in Adelaide – and they arrive all year round? And that many are looking for part-time work, many in the hotel industry and hospitality industry?
Designed as a one-stop shop for international students, Job Shop is a portal on the website of StudyAdelaide, the state government’s marketing and support agency for international students.
Want to know how to reach this potential talent pool?
Even better, Job Shop is a free and easy way for employers to advertise their vacancies.
Then you need to know about JOB SHOP!
To find out more, visit www.studyadelaide.com/jobshop or contact Laurice Lima on lauricelima@studyadelaide.com
Job Shop is a free service connecting Adelaide companies with international students looking for part-time and casual roles.
32 | Hotel SA | www.ahasa.asn.au
PATRYCJA WHIPP Studio Manager/Graphic Designer
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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. Back to Contents
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