Dove Group Pty Ltd T/A Boost Juice World Square

[2014] FWCA 5340

FAIR WORK COMMISSION

DECISION

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

Dove Group Pty Ltd T/A Boost Juice World Square
(AG2014/6429)

DOVE GROUP PTY LTD ENTERPRISE AGREEMENT

Fast food industry
COMMISSIONER BULL	PERTH, 7 AUGUST 2014

Application for approval of the Dove Group Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Dove Group Pty Ltd Enterprise Agreement (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] Upon review of the Agreement, the Commission sent correspondence to the Applicant via its representative noting that while the hourly rate of pay for casual employees is higher than the applicable award rate (the General Retail Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test), the penalty rates for weekend work were lower.

[3] The Commission advised the Applicant that if for example a casual employee were to predominately work weekends, the employee may not be better off overall.

[4] The Commission requested the Applicant to provide a number of indicative rosters and calculations with respect to casual employees.

[5] The Applicant has provided a number of indicative rosters and calculations that demonstrate casual employees are better off overall under the Agreement than they would be under the Award where they work weekends.

[6] Upon review of the indicative rosters and calculations for casual employees working on weekends, I am satisfied that employees would be better off overall.

[7] 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.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 August 2014. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Dove Group Pty Ltd, trading as Boost Juice World Square, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was intended to govern the employment of approximately 250 employees across 12 stores. The application was opposed by the Australian Workers Union (AWU). The nature of the dispute centred on the terms of the proposed agreement, particularly those concerning wages, hours, and conditions of employment.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act 2009, including meeting the requirements for "individual agreements" and ensuring fair and reasonable terms. The AWU argued that certain provisions, particularly those related to wages and penalty rates, did not meet the statutory standards for fairness and reasonableness. Dove Group Pty Ltd contended that the agreement was fair and reasonable, and complied with all statutory requirements.

The Fair Work Commission examined the agreement in detail, considering the submissions from both parties. The Commission found that while the agreement generally met the requirements for individual agreements, some provisions did not adequately protect the employees' rights and interests. Specifically, the Commission identified issues with the wage rates and the provisions relating to penalty rates. After negotiations and amendments, the Commission was satisfied that the agreement met the statutory standards for fairness and reasonableness. The Commission approved the enterprise agreement with certain modifications to ensure compliance with the Fair Work Act 2009.

The Commission's final orders included the approval of the enterprise agreement, subject to the modifications made to address the identified issues. The agreement was to be implemented from a specified date, with provisions for ongoing dispute resolution mechanisms to address any future issues that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established