Public Holiday Surcharge ?

[Tony Nitrous]

I know quite a few of us go out to play and eat out on public holidays
and normaly pay 10% or 15% extra for the pleasure of doing so.

I was told by a lawyer today that this is illegal ?
(unless they use a completely new and re-priced menu)

Interesting.

http://www.accc.gov.au/content/index.ph ... mId/882104

http://www.smh.com.au/entertainment/res ... 19cj4.html

I did pay extra yesterday and didnt make a drama,
I just dont understand why? I know they have to pay their staff,
but so does everyone else. My petrol, papers, bread and milk cost the same.
I dont see a surcharge at Woolworths or B.P.

[evilkarl]

I am under the assumption people can charge whatever they want. Surely it can't be any different to any fee charged for any given service. The charge is obviously there to cover the extra wage on these days and lets face it, 60%-80% of all Australian goods and services are either tax or labour charges.
Like you mentioned, they could simply print a menu for public holidays but then they could also charge extra on the price for these printing charges.
The larger question here is How many of the staff actually get overtime pay for public holidays, 99% of hospitality staff are paid on a casual basis and causal award or enterprise bargaining, so what is actually illegal here is the surcharge when no additional costs are incurred by the establishment.

[Snaffler]

my girl and i went in the city new years and ate at crown and the rat dogs there had the surcharge signs up and the food was shit and just slapped together just like they do in maccas..

as far as i see it, for years someone along the lines has had to work a public holiday and gets/got paid so nothing here has changed!
it just another way to rip people off and take advantage to make extra cash out of people.. the best part is when they take an order from 2 people and use the one register when they have 2 of and your order is not rung up, just change handed out while the register is open..

guess thats to rip off uncle sam to as well as us..

[Fight_fan]

My GF used to waitress & she says yes it is illegal to add a surcharge. The price you pay MUST be whats written on the menu. It doesnt seem to stop them though...

[hooligan]

That's why at the bottom of the menu it ususlly states that there is a surcharge and how much. A place i used to work at had separate public holiday menus, with the 10% added on already.

[Fight_fan]

quote:Originally posted by hooligan

That's why at the bottom of the menu it ususlly states that there is a surcharge and how much.


From my understanding this is what is illegal! They are sposed to have a seperate differently priced menu...

[hooligan]

i don't see why it would be illegal. just like everything else, you gotta read the fine print.
However, if wait staff didn't point it out when you sat down, you could have a few words.
We always pointed it out, and a few times people would leave. Which is better than the argument after they've eaten.
If the resturant/cafe is up front about it, i don't understand how it would be illegal.

[Fight_fan]

Not sure mate, but the catering firm that took over where she worked told them that & printed up a seperate menu to avoid hassles...

[hooligan]

That's the same reason the place I was at printed up separate menus.
It meant that we lost some entertainment, I used to love watching the "debates" from the kitchen.

[Matt]

If someone wanted me to work on a public holiday the surcharge would be a lot more than 15% lol. Even Saturdays attract at least 50% from me haha.

[Jockney Rebel]

i charge 50% on top to get me out on a public holiday to fix /p/u a bike i have a family too and if i subb it out i have to pay penalty rates anyway

[BossMan]

its same in our idustry costs double to get my fat ass to bounce people on a public holiday

[pappas]

It's definately illegal

http://www.smh.com.au/entertainment/restaurants-and-bars/restaurants-flout-ban-on-weekend-surcharges-20100611-y3lb.html

[ACTAngler]

Pretty sure I read before Xmas that it's also illegal in the ACT. Some restaurants here are just not bothering to open on Public Holidays any more.

[JackTar]

quote:Originally posted by evilkarl

99% of hospitality staff are paid on a casual basis and causal award or enterprise bargaining


Where did you get that statistic from?

[ACTAngler]

quote:Originally posted by JackTar


quote:Originally posted by evilkarl

99% of hospitality staff are paid on a casual basis and causal award or enterprise bargaining


Where did you get that statistic from?


Well I just read it on the Internet, so it must be right!