E & H Porse Pty Ltd T/A Bonjour Patisserie

[2014] FWCA 2048

[2014] FWCA 2048

FAIR WORK COMMISSION

DECISION

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

E & H Porse Pty Ltd T/A Bonjour Patisserie
(AG2014/333)

E & H PORSE PTY LTD ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 27 MARCH 2014

Application for approval of the E & H Porse Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the E & H Porse Pty Ltd 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 18 March 2014, the Commission sent correspondence to the Applicant via its legal representative in relation to the rates of pay for casual employees under the Agreement. In particular, the Commission noted that the casual employees rate of pay for Sundays was less than the Sunday rate of pay for a casual employee under 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 provided correspondence to the Commission on 24 March 2014. The Applicant provided a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement.

[4] The Applicant states that the Agreement provides for a flat hourly rate for all hours worked from Monday to Sunday. Further, the Applicant has advised that employees will not be required to work only on a Sunday in any week and therefore the additional compensation they receive from the higher flat rate for hours worked on other days of the week means employees working on a Sunday will be better off overall under the Agreement.

[5] Upon review of the Applicant’s correspondence, including the indicative rosters and calculations it has provided, I am satisfied that all employees, including casual employees are better off overall under the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 3 April 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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