Cambridge Ninety Pty Ltd

[2013] FWCA 8868

[2013] FWCA 8868

FAIR WORK COMMISSION

DECISION

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

Cambridge Ninety Pty Ltd
(AG2013/11016)

CAMBRIDGE NINETY ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Cambridge Ninety Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cambridge Ninety 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.

[2] On 6 November 2013, the Commission alerted the Applicant via their legal representative that it had a number of concerns with aspects of the Agreement. These issues concerned clause 16 - Hours of work and rosters; and the rates of pay contained in the Agreement.

[3] Correspondence was received from the Applicant’s legal representative on 8 November 2013.

Undertakings

[4] With respect to clause 16 - Hours of work and rosters, and in particular, sub clause 16.4 (which refers to working between one and three hours per shift), the Applicant has provided an undertaking that this sub clause of the Agreement will not be applied and has no operation.

[5] With respect to the minimum wage schedule of the Agreement, following concerns from the Commission in relation to the rates of pay, the Applicant has provided an analysis of wage options modelling a number of indicative rosters to show that employees are better off overall.

[6] In addition to the modelling, the Applicant has provided an undertaking that increases the minimum wage rates with respect casual employees to the minimum wage rates schedules - Option A and Option B of the Agreement and has provided a further undertaking that increases the minimum wage rates with respect to level 2 and level 3 employees paid under the minimum wage rates schedule - Option B.

[7] All undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached at Annexure A.

[8] 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.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 November 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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