The restaurant industry has taken to the Federal Government its concerns over the implementation of new pricing rules that will mean operators will have to have different menus for weekends and public holidays.

The changes to the Trades Practices Act means foodservice businesses that have a surcharge for weekends or public holidays will no longer be able to just state the amount of the surcharge on their menus. From last week they are required to provide their customers with a menu that includes the charge in each of the prices listed.

The industry's peak body, Restaurant and Catering Australia, has contacted the Australian Competition and Consumer Commission and asked that the moratorium period for implementation of the new rules be extended.

However, after receiving no response from the ACCC it then contacted Federal Government ministers including Assistant Treasurer and Minister for Competition Policy and Consumer Affairs Chris Bowen and Minister for Small Business, Craig Emerson.

R&CA chief executive officer John Hart said the ACCC had failed to consult the industry on the laws or advise of the change before it came into effect.

Hart said that while the industry was not expecting to be exempt from the laws it would like extra time to be able to comply.

“We aren’t likely to get any relief from [the new rules], but what we are pushing for is an extension of the moratorium period to give restaurateurs some time to catch up,” Hart said.

“What is sudden is the application [of the rules] to our industry. We knew this was happening and we had put a submission into Treasury.

“They went through a process of inquiring into the new legislation and we were told by the Government that we would have some clarification about where restaurants stood.

“That clarification never happened and the next thing we know the ACCC is coming out with threats to fine restaurants who have a surcharge. It is very harsh.”