From 12:01am Monday 12 July 2021, WA will return to Phase 5 restrictions.
This will remove the one in two square metre rule and the 75 per cent capacity limit, allowing all hospitality venues to trade at full capacity.
WA businesses will be expected to continue with contact registers, and ensure their COVID Safety Plans are updated and continue to be implemented. For large events, COVID-19 safety and event plans are required but can also trade at full capacity.
The COVID-19 Safety Plan for Food and Licensed Venues can be found here.
The COVID Safety Guidelines for Food and Licensed Venues can be found here.
This can be done via:
Please be aware that if you choose an alternate option on contact register tracing, businesses will need to record the:
Any person who attends a business or venue, other than for take-away, will be required to register their contact details. This includes patrons, staff, volunteers and contractors.
In light of the State Government’s announcements, we understand that employers will be required to stand down staff who can no longer attend work as a result of the mandated shutdown of hospitality venues.
In order to satisfy your legal obligations when standing down workers, it is important to identify which industrial relations system applies to you.
Under both the Federal industrial relations system and the State industrial relations system, employers have the right to temporarily stand down employees without pay during a period in which the employees cannot be “usefully employed” because of a stoppage of work for any cause for which the employer cannot reasonably be held responsible.
Today’s Government mandated shut down would be considered such a stoppage of work.
While employers do not need to pay wages to stood down employees, an employee accrues leave in the usual way (as though they have worked). Continuity of service is also not broken.
If you are a Federal system employer (i.e. you are covered by the Fair Work Act 2009 (Cth) (FW Act) and/or the Hospitality Industry (General) Award 2020 or the Restaurant Industry Award 2020) we recommend you immediately:
Issue your employee with the applicable letter below:
More information on how a stand down works can be found in our factsheet and in our question and answer documents below:
Further information can also be found on the Fair Work Ombudsman site here.
If you are a State system employer (i.e. you are covered by the Minimum Conditions of Employment Act 1993 (WA) and/or the Restaurant, Tearoom and Catering Workers Award (RTCW) or the Hotel and Tavern Workers Award (HTWA)) we recommend you immediately:
Issue your employee with the relevant letter:
Further information can also be found on the Wageline site here.
Even though stand down periods are unpaid, you may wish to consider some of the following options prior to ceasing an employee’s pay outright: