Agnew Legal Pty Ltd

[2013] FWCA 9229

[2013] FWCA 9229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Agnew Legal Pty Ltd
(AG2013/9633)

ROKJON INVESTMENTS PTY LTD - ENTERPRISE AGREEMENT 2013-2017

Fast food industry
COMMISSIONER BULL	SYDNEY, 22 NOVEMBER 2013

Application for approval of the Rokjon Investments Pty Ltd - Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Rokjon Investments Pty Ltd - Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Extension of time

[2] The application was lodged at Brisbane on 27 September 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on FWC to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] On 6 November 2013, the Commissioner sent correspondence to the Applicant via its legal representative noting that the Agreement did not provide a meal allowance or a special clothing allowance as does the Fast Food Industry Award 2010, being the relevant modern award for the purposes of the better off overall test.

[4] Correspondence was received from the Applicant on 11 and 20 November 2013.

Undertakings

Pay rates

[5] The Applicant provided a number of indicative rosters and calculations and stated that upon review of the Commission’s concerns they have identified that employee’s aged 17 years old may not be better off overall. The Applicant has provided an undertaking to increase the rates of pay with respect to employees aged 17 years old by $0.15 per hour.

Meal allowance

[6] With respect to the Agreement not containing a meal allowance, the Applicant has provided an undertaking that an employee required to work more than one hour of overtime after the employee’s ordinary time of ending work, without being given 24 hours’ notice, will be either provided with a meal or paid a meal allowance of $11.76. Where such overtime work exceeds four hours a further meal allowance of $10.61 will be paid. No meal allowance will be payable where an employee could reasonable return home for a meal within the period allowed.

[7] Upon review of the Applicant’s correspondence, including the indicative rosters and calculations, I am satisfied that employees covered by this Agreement are better off overall.

[8] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[9] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 29 November 2013. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Annexure A

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