Dove Group Pty Ltd T/A Boost Juice World Square

[2014] FWCA 5340

[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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