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April 29, 2021

Question from Sherren Collings ([email protected])

We are an IT Company and are directly employing a Barista to work in our internal cafe. As we are not in the restaurant or hospitality sector under what Award should we classify this employee?

Hi Sherren,

Advising you of award coverage for one of your employees is beyond the scope of the Help Desk.

Generally though, when determining award coverage for one of your employees, it is necessary to first consider whether the industry award (if any) applicable to your company has a classification covering the employee.

If the industry award does not, however, have a classification suitable for the particular employee, then the Miscellaneous Award 2020 may apply.  This award typically applies to employees who:

·       are not covered by any other modern award;

·       are not a professional;

·       are not in a class of employees who have not traditionally been covered by awards (e.g. professional employees in finance and marketing); or

·       have a trade qualification and carry out duties requiring such a qualification.

 The Fair Work Ombudsman has a dedicated advice line which will be able to provide you with clarification of award coverage for your particular employee.  Please find their contact details below:

Website: https://www.fairwork.gov.au/contact-us

Phone: 13 13 94

Kind regards,

Matthew Gough

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