Coverage of the proposed Hospitality Fair Pay Agreement (FPA01-001-2022)

This page is to assist hospitality employers and employees to determine if there is coverage under the proposed Hospitality Fair Pay Agreement (FPA).

Please note that the information here is for guidance only and the definitive document for evaluating coverage is the 28 May 2023 Public Notice of Approval document from the Chief Executive of MBIE.

The coverage of the Hospitality FPA includes almost all hospitality employees in the following industries:

Click each heading for a detailed explanation of which types of organisation may have covered employees in each category:

Accommodation for visitors, such as hotels, motels and similar units. ANZSIC code: H440000

This class consists of employers mainly engaged in providing
accommodation for visitors, such as hotels, motels and similar units.
Exclusions:
Employers mainly engaged in:
a) providing accommodation under the Residential Tenancies Act 1986 is excluded.
b) providing the accommodation types listed in the Residential Tenancies Act 1986 section 5Residential Tenancies Act 1986 section 5 (1),
subclauses (b), (c), (d), (e), (f), (g), (h), (i), (l), (n), (o), (p), (q), (r), (s), (u), (v), (w) and (x).

Note: The exclusions are for accommodation providers who provide longer term residential services (i.e. where people actually reside, rather than stay as guests on a temporary basis). All other types of guest accomodation where there are employees are included, from camping grounds, holiday parks, homestays, holiday homes, serviced apartments, hostels, backpackers, motels, hotels, resorts, lodges, and retreats.

Cafes, & Restaurants ANZSIC code: H451100

H 451100 – Cafes and Restaurants:
Definition: this class consists of employers mainly engaged in providing food and non-alcoholic beverage services for consumption on the premises. Customers generally order and are served while seated (i.e., waiter/waitress service) and pay after eating.
Clarifications:
Employers mainly engaged in:
(a) Providing food ready to be taken away for immediate consumption are included in Class H 451200 Takeaway Food Services.
(b) Selling alcoholic beverages for consumption on premises are included in Class H 452000 Pubs, Taverns and Bars.
(c) Providing catering services at events is included in Class H 451300 Catering Services (see Catering (H 451300) for detail on specific exclusions).
Exclusion:
Employers mainly engaged in:
(a) Operating theatre restaurants in establishments mainly engaged in providing live theatrical productions with food and beverages (classified under class R 900100 Performing Arts Operation).

Note that, even if food and beverages are not consumed on the premises, the sale of “ready to consume” takeaways are also covered under another category.

Takeaway Food Services ANZSIC code: H451200

H 451200 – Takeaway Food Services:
Definition: this class consists of employers mainly engaged in providing food services ready to be taken away for immediate consumption. Customers order or select items and pay before eating. Items are usually provided in takeaway containers or packaging. Food is either consumed on the premises in limited seating facilities, taken away by the customer or delivered. This class also includes employers mainly engaged in supplying food services in food halls and food courts.
Clarifications:
Employers mainly engaged in:
(a) providing food services for consumption on the premises only are included in Class H 451100 Cafes and Restaurants.
(b) providing catering services at events is included in Class H 451300 Catering Services (see Catering (H 451300) for detail on specific exclusions)
Exclusions:
Employers mainly engaged in:
(a) retailing baked goods manufactured on the same premises (classified in Class C 117400 Bakery Product Manufacturing (Non-factory based))
(b) retailing baked goods manufactured at other premises (classified in Class G 412900 Other Specialised Food Retailing).
(c) retailing beer, wine or spirits consumption off the premises only (classified in G Class 412300 Liquor Retailing).

Note that delivery services are included and that Bakeries mainly making or supplying goods that are not for immediate consumption or consumed on the premises are not included as they are classed as manufacturing or specialised retailing.

Pubs, Taverns and Bars ANZSIC code: H452000

H 452000 – Pubs, Taverns and Bars:
Definition: this class consists of hotels, bars or similar employers (except hospitality clubs) mainly engaged in serving alcoholic beverages for consumption on the premises, or in selling alcoholic
beverages both for consumption on and off the premises. These employers may also provide food services and/or present live entertainment.
Clarification:
Employers mainly engaged in:
(a) operating hospitality clubs are included in Class H 453000 Clubs (Hospitality)
Exclusion:
Employers mainly engaged in: (a) retailing alcoholic beverages for consumption off the premises only (classified in G class 412300 Liquor Retailing).

Clubs ANZSIC code:453000

H 453000 – Clubs:
Definition: this class consists of employers mainly engaged in providing hospitality services to members. These hospitality services include gambling, sporting and other social or entertainment facilities.
Clarification:
Employers mainly engaged in:
(a) selling alcoholic beverages for consumption on premises are included in Class H 452000 Pubs, Taverns and Bars.
Exclusion:
Employers mainly engaged in:
(a) operating sporting clubs (classified in Class R 911200 Sports and Physical Recreation Clubs and Sports Professionals).

Note: Clubs that are mainly sporting clubs are excluded, while clubs that are mainly social in purpose and function are included. If, however, a sports club provides hospitality services through a separate employing entity (a contractor, subsidiary or third-party) then their employees will be covered and this should be bought tot heir attention.

Event Catering Services ANZSIC code:H451300

Event Catering Services (closest code H 451300).
Definition: This class consists of employers mainly engaged in providing catering services at events. This type of catering involves some form of interaction between the caterer and the final consumer
of the catering services at the venue where the product is manufactured and/or sold.
Exclusion:
Employers mainly engaged in:
(a) providing industrial scale catering services or food manufacturing where the final product is to be sold to a third party before reaching the final consumer (e.g. airline and hospital food
catering services) are excluded from coverage.

Note: Catering where the

    main

service provided is large scale production of meals on an ongoing basis to residential or institutional consumers or those undertaking public transportation is excluded. Catering mainly for event based hospitality (regardless of scale or location) is included.

Casino Operation ANZSIC code: R920100

R920100 – Casino Operation:
Definition: this class consists of employers mainly engaged in operating facilities with a range of gambling services such as table wagering games and poker/gaming machines. Casino operations require a casino operator’s license under the Gambling Act 2003, part 2, subpart 5.
Clarification:
Employers mainly engaged in:
(a) operating hospitality clubs are included in Class H 453000 Clubs (Hospitality).
Exclusion:
Employers mainly engaged in providing betting on sporting events and totalisator services only (classified in Class R 920900 Other Gambling Activities).

Note: Only those employers who operate under a Casino Operator’s Licence are included, although other employers offering gambling services may be covered as Clubs, Bars or Taverns.

Motion Picture Exhibition ANZSIC code: J551300

J 551300 – Motion Picture Exhibition:
Definition: this class consists of employers mainly engaged in screening motion pictures using a variety of visual media. Included in this class are employers screening productions at festivals and other similar events.

Labour Supply Services ANZSIC code: N721200

N721200 – Labour Supply Services
Definition: This class consists of employers mainly engaged in supplying their own employees to clients’ businesses on a fee or contract basis. Assignments are usually temporary and performed under the supervision of staff of the client unit, at the client’s work site.
Clarification:
Employers mainly engaged in:
(a) Labour Supply Services are included in coverage when the controlling third party is included in coverage (i.e. the labour hire workers are doing hospitality work)

Note: Only labour hire employees engaged in hospitality work under one or more of the occupational categories are covered.

The ANZSIC codes use the same classification system as the Business Industry Codes (BIC), which employers already use to classify themselves for the IRD, ACC, The Companies Registry and Stats NZ. You can search for your classification at https://www.businessdescription.co.nz/

Some organisations will not be covered because their main activity is not included in the above classifications. Directly employed staff who may undertake hospitality duties will not be covered. However, if those services are provided through a separate employing entity (a contractor, subsidiary or third-party) then those employees will likely be covered and the notice at hospofpa.nz/employers should be bought to the employer’s attention immediately.

The following occupations, if their employer’s main activity is included above, are “covered employees” and need to be notified about the FPA. The occupational codes are from the ANZSCO list, most commonly used for classifying work visas for migrant employees. Where “closest code” is written the ANZSCO detailed description has been modified to better fit the specific hospitality occupations.

Note that to be “covered” an employee only needs to work 25% or more of their paid work time undertaking any of the specific duties included. Their job title alone is not sufficient to exclude them if they have varied duties. The detailed occupational descriptions in this document need to be considered.

Accommodation Housekeeper (closest code 811411)
Accommodation Managers (closest code 141311)
Accommodation Receptionist (closest code 542113)
Alarm, Security or Surveillance Monitor (closest code 442211)
Baker 351111
Bar Useful or Busser (closest code 431911)
Barista (closest code 431112)
Bartender (closest code 431111)
Beauty Therapist 451111
Bed and Breakfast Employee (closest code 141911)
Bus Driver (closest code 731211)
Cafe or Restaurant Manager (closest code 141111)
Cafe Worker (closest code 431211)
Call or Contact Centre Manager (closest code 149211)
Car Park Attendant (closest code 899912)
Caravan Park and Camping Ground Managers 141211
Caretaker (closest code 899111)
Cashier (closest code 631112)
Chefs 351311
Cinema Manager (closest code 149912)
Cleaner (closest code 811211)
Conference and Event Organiser 149311
Cook’s or Chef’s Assistant (closest code 851211 or 851299)
Delivery Driver (closest code 732111)
Doorperson or Luggage Porter (closest code 431912)
Fast Food Cook 851111
Gaming Worker (closest code 431311)
Handyperson 899311
Hotel Service Manager 431411
Kitchenhand (closest code 851311)
Laundry Worker (closest code 811511)
Licensed Club Manager (closest code 141411)
Pastrycook 351112
Security Officer (closest code 442217)
Ticket Collector or Usher (closest code 899921)
Ticket Seller (closest code 639411)
Waiter (closest code 431511)

Contact : hospofpa@hospofpa.nz, Freephone 08002UNITE

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