Hi all
Just wanted to raise this to everyones attention. Tonight decided to get hungry jacks after very busy day only to find they charge 10% extra for public holidays, did anyone else know this? Will now ban them completely, nice of them to cash in on ANZAC day. Wonder if all their stores do this or just the one I went too.
they never used to, well not up here, neither do McDonalds - cafes etc do but not the big fast food chains.
At Hungry Jack's, it's been happening for at least the last 6 months…
maybe its only Qld they dont add extra as I know they dont here (se qld), unless they have recently changed since Australia Day.
It should be illigal…
Pizza Hut have been doing this for decades
If there was a public holiday on a Monday, my local Pizza Hut used to charge the public holiday surcharge on Saturday, Sunday and Monday. The reasoning being "well it is a 'public holiday long weekend' right now, isn't it?"
Eateries can legally charge a surcharge on public holidays.
They're paying penalty rates (3 times the normal rate) to their employees on public holidays. so it's common sense to pass that cost on to consumers.
Hungry Jack do not pay penalty rates to staff (my son used to work for them). We contacted Fair Work Aust but HJ employment contract says no penalty rates - son worked easter public hols and boxing day - no extra.
So you're saying that no employees that work at or for hj are getting paid penalty rates on public holidays?
not for Qld. I assume the same in other states.
@shanakatak:
Thanks , so it was Aust wide not just Qld.
Sons store even told staff they can't have one free cup of coke per shift like they used to as it cost too much (so they took a bottle of water instead !)
@PVA:
We were allowed soft drinks but I'm not sure if it's changed since then, but no frozen drinks which sucked on super hot days next to the fryer.
@shanakatak: no penalty rates in WA either and my daughter was asked to go in for work meetings and not paid for them. However, my daughter was grateful for the training and the workplace bullying that went on has made her more resilient in her future job.
@PVA: we're allowed basically unlimited soft drink (within reason obviously) but it really depends on the store
I worked at major retailer.
I was never paid a penalty rate throughout my 4 year employment - also never got days in lieu. The boss would claim that the commission on sales would suffice as 'penalty rates' for:
- Public holidays.
- Unpaid stocktakes.
- The occasional unpaid late night trade (3-4 per year).
I think the public holiday thing was to do with the award… they pay a few cents extra per hour and don't have to pay penalty rates.
@Emli: I used to work at McDonalds back in 1996 in Western Australia. I got paid penalty rates for PH. Also got paid 2hrs for a team meeting with free Pizza.
guess times have changed :/
@Emli: There's a reason other employers like to see Macca's or Hunga's on the resume: pre-abused employees who just put up with it and kept working.
They start them young with the conditions that are illegal to subject adult workers to. Thanks to caring Liberals.
I work for HJ's in Queensland. We do receive double time and a half on public holdays
"So you're saying that no employees that work at or for hj are getting paid penalty rates on public holidays?"
Well like, I wouldn't be surprised if the CEO's and top bosses were getting paid penalty rates if that helps :p.
HJ are supposed to pay penalty rates. Most still operate under that TPF 2003 one. Public Holidays are paid @ 200% of full-time rate for permanent staff and casuals are 220% of full-time rate inclusive of the 20% casual loading offered by the agreement. However does not appear to be any other penalty rates like Sat and Sun.
Thanks to caring Liberals.
Let's not get political on here, Rudd & Gillard don't stand up to scrutiny.
Ummm I'm fairly sure that'd be against the law…
When I worked in fast food they had their own enterprise agreement and they did not have to pay public holiday rates.
no as its part of the conditions - Fair Work even said so.
Suprised me too , my son doesnt work there any more. McDonalds pay penalties though.
That'd have to be compensated by other benefits in the agreement, like above award wages or above minimum conditions…
@KaptnKaos:
I think they pay a few cents over the base award and thats how they can do do it. It isn't dollars more per hour.
Kids still at school want a casual job, and my son thought it was great at first, until he work Boxing and New Years and noticed no extra dollars (I originally said Easter but now I remember it was Boxing/New Years.
He was on a bit under $14 per hour.
@KaptnKaos:
Nope shit conditions, part time but no garaunted hours. Complete flat rate. Called fair work and they verified it.
When I started I thought they were mandatory too. Quit within 2 months.
I believe subway are the same however that is through hearsay
so, answering the OPs post - HJ should not be charging extra as they don't pay penalty rates. (unless , strangely, they do just for ANZAC day)
Exactly, it's either you don't get guaranteed hours and you get casual rates, or you get guaranteed hours and you get part time rates. How on earth have they been allowed to do both?
@KaptnKaos: Not that I was aware of, I was on about $10 per hour including casual loading when I turned 18 and that was 3yrs ago.
@shanakatak: I know Subway franchise owners who pay their workers about $14 flat. Don't know whether they do it officially or whether it is cash in hand.
@whooah1979:
I dont think so, according to my son, and they do a lot of extra free hours too.
Awful company to work for I think.
@KaptnKaos: Yeah because a 15 year old in their first job is gonna be a tough negotiator and get those conditions back for the money they don't even know they're supposed to be getting.
Very Fair Work of them. Macca's and Hunga's are the scum doing it but it's the gummints that's ultimately responsible for your children getting abused like this.
I am not saying that a 15 year old employee ought to be a good negotiator, because laws are not negotiable. Besides, every employee should be aware of their legal rights regardless of their age, and every employer should abide by the laws of the land.
If one party is not abiding by the law, the counterparty ought to point that out. Now if somebody is thinking their complaint will jeopardise their employment, even though that in itself is illegal, that's the employee's choice.
If an employee is so careless and doesn't give their job the attention it deserves by not knowing what remuneration they're supposed to receive, perhaps they need to be involved in something that requires less effort, such as community service or claiming government benefits.
@KaptnKaos: kid of today are just happy to have jobs. I know some if the boss could get way would work for $2 per hour.
We get double pay for pub holidays.
Normal flat rate for every normal day though.
According to this (section 7.6.3-7.6.5) employees should be getting 2.5x or 273% if they work on a public holiday (I could be missing something, IANAL). Have you seen the agreement your son in employed under?
Yes. I have read it. So has fair work Australia.
Well then something is wrong.
Everyone in WA who works a public holiday at Hungry Jacks gets double their wage. This of course occurred 3 years ago.
Strange, I worked public holidays at HJ VIC, Christmas, Easter, Anzac Day, and got double pay
Wow this is shocking and disappointing.
Depends which state you're in. In SA you'll get penalty rates regardless.
Most legitimate operating food businesses don't make money on public holidays in Australia because of this.
Penalty rates (where applied) ARE NOT 3 times for Public Holidays, they are time and a half (150%)
Permanent employees are paid for time worked at 150% PLUS the public holidays they would have been paid for not working (therefore looks like 250%, but it isn't really) and casuals paid at 150% as they don't get the Public Holiday not worked.
Penalty rates (where applied) ARE NOT 3 times for Public Holidays,
your right. i don't know where i got 300% from.
they are time and a half (150%)
anyways. this is from the fast food ind award 2010.
- Public holidays
[Varied byPR539921 (PR539921 quashed in part by PR549301)]
30.1 Public holidays are provided for in the NES.
30.2 An employer and a majority of employees may agree to substitute another day for a public holiday. If an employee works on either the public holiday or the substitute day public holiday penalties apply. If both days are worked, the public holiday penalties must be paid on one day chosen by the employee.
[30.3 substituted by (PR539921 quashed in part by PR549301)]
30.3 Work on a public holiday must be compensated by payment at the rate of 250% (275% for casual employees).
http://www.accc.gov.au/media-release/misleading-menus-invite…
"This means the practice of putting a note such as '10 per cent surcharge applies on public holidays' at the bottom of the menu but without the surcharge being included in a single price for the item is in breach of the law."
They changed the law on single pricing. Unfortunately, restaurants can get away with this crap provided that the information on the surcharge is at least as prominently displayed as the most prominent price on the menu.
BUT the use of surcharges has been held by the Federal Court to be "seriously misleading" unless a person could "immediately conclude" that the price on the menu was not the price to be charged. See ACCC v Signature Security [2003] FCA 3. So any restaurant that relies on a surcharge to increase Sunday and public holiday prices is still probably breaking the law…
https://www.accc.gov.au/consumers/prices-receipts/price-disp…
However, the menu must include the words “a surcharge of [percentage] applies on [the specified day or days]” and these words must be displayed at least as prominently as the most prominent price on the menu.
Any idea when this changed?
This was another #@!% up of the dying days of the Rudd/Gillard/Rudd government, so about 2.5 years ago.
Basically, the AHA lobbied the Productivity Commission who said 'yeah - requiring restaurants to display the true price they will actually be charging is crazy red tape. Let's carve them out so they hide the price behind surcharges.' (This is the same PC that argued strongly against carveouts when they proposed the ACL.) The RGR Government said 'hey, great idea! See, we're friendly to business!'
Prior to the law being changed, there was nothing to stop higher prices being charged at weekends. It's just that restaurants were obliged to say what they actually were.
BUT, they didn't change the law on misleading or deceptive conduct, so unless you can tell immediately when you look at the price on a menu that it isn't the price to be charged (no, an asterisk pointing to the message on the surcharge is not enough), the restaurant has deceived you…
If they are paying staff penalty rates on the day, then no issues from me.
they are not paying penalties to staff though.
Seems the guy from the company is enlisting political help so he can avoid paying the rates.
Background
No, it gets rolled into the 'normal' rate so effectively permanent staff (a.k.a. Union Members) get a boost, and take the time off, while the casuals (a.k.a. students) get paid lower rates.
Who would have thought?
@jaclarkaus:
Well I don't have any problem with that either. Seems like it's a win/win for both. I just can't understand why the full timers even join Unions. After all they could always get a 2nd job at the local 7-eleven if required.
@Spectatie: Hahahaha speaking of 7-Eleven:
http://www.smh.com.au/business/7eleven-workers-pay-up-to-700…
@Serapis:
Nice. They are top of my list of places I don't shop. A great example of why low skilled/low wage/low power employees should all be union members.
Try going to a chinese joint on the saturday or sunday of a long weelend and you will get charged anyway
Surcharges can be applied at any time, as long as you are informed of this prior to placing your order.
my local chinese joint has never enforced surcharges on a public holiday for the 20 years theyve been open.
which probably explains why theyre so damn busy.
Where do you live - i need to go there 🤓
the place is called Pho 76 in Green Valley NSW
my local chinese joint
You do know pho is from vietnam?
I've been to that restaurant, and while they never charge a surcharge as you've mentioned, they do charge approximately 15%-25% more for their dishes, take for example, beef rice noodle stir fry is $14, else where, it's about $11-$12.
I believe they're always busy because it's only them and a thai restaurant in that shopping plaza.
@lookalive:
I am half vietnamese, so yes i do know Pho originates from Vietnam.
You do know Pho 76 is a "Vietnamese & Chinese" restaurant right?
It is also known as the local go-to Chinese takeaway by myself and many others in the area.
Bet they don't even pay tax :D
My local Domino's Pizza was charging 15% surcharge.
Luckily 15% on top of $0 is relatively affordable :p
They started doing this a while ago. I am utterly against it and refuse to buy from them on Public Holiday only for this reason. They also charge the surcharge outside of public holidays too (i.e. Long weekend even if not an official public holiday) or until 6am the next morning after a public holiday (if 24 hour or open until early hours). Even if they did pay their staff penalties (they don't) they get such a huge volume on public holidays anyway that it would more than cover penalty rates from the profits made that day. Nothing but a cash grab. I hope they see how much the surcharge is costing them in sales.
I'm cool with it if they're paying staff penalty rates, but I'm horrified that they aren't.
Imagine what kind of shady stuff goes on forcing kids into working on public holidays when nobody wants to.
If I was the boss, I'd much rather just pay double-time-and-a-half on holidays than try and twist employees arms to take those crappy shifts…
I will go put of my way to find a place where they do not have the surcharge.
On principle - i did cafe/restaurant to open; that was their choice so then pick uo the additional wage bill.
I also go to places that dont charge a surcharge, to me the public holidays are gazetted about 4 years in advance, its not that difficult when you're working out your operating costs to allow for x number of public holidays especially for a place like HJ's that has enough data on expected staff and sales needed so why should they need to add an extra surcharge when this just another operating cost of their business. All costs should, and are, factored into their pricing. Surcharges are just an extra grab on top.
Other retailers like JB etc cant suddenly put a 10% surcharge on what I buy just because they open on a public holiday, they seem to be able to factor the added wage costs into their business model why cant HJ's?
It is dumb that they do it on long weekends, but they probably aren't covering the wage costs if they do pay penalty rates on public holidays. In South Australia they pay penalty rates no matter the business.
Most retail food businesses don't make any money on public holidays- this is a false common understanding.
How do you get a long weekend without an official public holiday?
So if a holiday happens to fall on a weekend, then the official public holiday would land on the following Monday (so people can take time off work). So Hungry Jacks take the day of the holiday, plus the official holiday, plus the other day of the weekend which is not actually a public holday at all, plus take it to 6am the next day.
A few years ago a public holiday like Australia Day fell on a Sunday, so therefore the Public Holiday was on the Monday. My local Domino's charged me public holiday surcharge on the Sunday because it was Australia Day. However it technically wasn't a public holiday yet. I complained and the manager came out and showed me a calander that said today was Australia day and its a public holiday, I called him an idiot & cbf following it up further and now just go elsewhere now.
A lot of places do that I have found.
Its bs.
I was surprised as i thought it was because they pay penalty rates but seeing as they dont then i am re-surprised all over again.
Hangry jacks have always been the loser in the maccas vs hj fast food war and they are not doing themselves any favors by cheating people out of an extra 10% when they dont deserve it, if anything that money should go straight into the staff members pocket.
Dominos had 15% surcharge tonight.
I recall paying 10% at HJ last public holiday.
Of course I didnt see it until i drove to pay at the end of drive through. Would of been nice to have the notice on the the speaker/order microphone.
^This. Fleminton Hungry Jacks on Labour Day PH. Place my order, come around to pay and am finally greeted by the extra 10% sign.
That ain't fair.
Meant to have signs at the speaker box as well as the front door.
Thats when you fumble around a bit and say "i know i had my wallet a second ago" then as the car infront leaves you just keep driving!!!
Haha. I thought of doing something similar. Or arguing the point that at the menu board it made no reference.
Lucky for them I had to be somewhere in 10 minutes and didn't have time to grab something else.
This happened to me last year. I felt the same.
More of an incentive to avoid the junk food.
I have been put off HJs for many years now from that greasy burger smell on your hands and around your mouth from eating the burgers.
Loved the bacon deluxes though…. until yeh just got put off.
So, basically you're saying the junk food at HJs put you off eating at their restaurant, which is a well known fast food chain?
Checks out.
You could always just, you know, wash your hands and face.
The real scam is they charge you more for not buying an ice cream.
A whopper Jr stunner which is a small meal with a ice cream drumstick is $6 and the one without ice cream is $7
Be careful how you order
This has been going for a long time now apparently. No surprises here.