Bevilles Pty Ltd

[2013] FWCA 7473

[2013] FWCA 7473

FAIR WORK COMMISSION

DECISION

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

Bevilles Pty Ltd
(AG2013/7915)

BEVILLES STORE MANAGER AND ASSISTANT STORE MANAGER ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 26 SEPTEMBER 2013

Application for approval of the Bevilles Store Manager and Assistant Store Manager Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bevilles Store Manager and Assistant Store Manager Enterprise Agreement 2013 (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.

Ordinary hours of work

[2] The Commission notes that the Agreement at clause 18 - Hours of work, in particular, sub clause 18.1 provides for ordinary hours of work that are greater than the ordinary hours of work provided for in the General Retail Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test.

[3] The Applicant submits that it relies upon sub clause 27.2(b)(iii) of the Award that provides in the case of retailers whose trading hours extend beyond 9.00pm Monday to Friday or 6.00pm on Saturday or Sunday, the finishing time for ordinary hours of work on all days of the week will be 11.00pm.

Undertakings

Breaks between work periods

[4] With respect to clause 21 - Breaks, in particular sub clause 21.2 of the Agreement, it states that employees will be granted a 10 hour rest period between the completion of work on one day and the commencement of work on the next day. Pursuant to clause 31.2 of the Award,an employee will be granted a 12 hour rest period between the completion of work on one day and the commencement of work on the next day, unless an agreement between the employer and an employee or employees has been reached to reduce the 12 hour rest periods to not less than 10 hours.

[5] The Applicant has provided an undertaking that an employee will be granted a 12 hour rest break between the completion of work on one day and the commencement of work on the next day, unless an agreement between the employer and the employee or employees has been reached to reduce the 12 hour rest periods to not less than 10 hours.

Meal allowance

[6] The Commission notes that the Agreement at clause 14 - Allowances, in particular, sub clause 14.1 provides that a meal allowance of $16.15 or a meal will be provided where an employee is required to work more than one hour of overtime after the employee’s ordinary time of ending work, without being given 24 hours notice and where such overtime exceeds four hours a further meal allowance of $14.62 will be paid.

[7] The Award at sub clause 20.1(a) provides a meal allowance of $16.67 where an employee is required to work more than one hour of overtime after the employee’s ordinary time of ending work and where such overtime exceeds four hours a further meal allowance of $15.09 will be paid.

[8] An undertaking has been provided by the Applicant that an employee will receive a meal allowance in accordance with sub clause 20.1(a) of the Award.

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

[10] I have sought the views of the bargaining representatives, in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[11] The Agreement covers the employers store managers and assistant store managers. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[13] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 3 October 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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