ENM Group Pty Ltd

[2013] FWCA 5854

[2013] FWCA 5854

FAIR WORK COMMISSION

DECISION

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

ENM Group Pty Ltd
(AG2013/7370)

ENM GROUP PTY LTD ENTERPRISE AGREEMENT

Fast food industry
COMMISSIONER BULL	SYDNEY, 19 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the ENM 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] The Commission wrote to the Applicant and its representative on 2 August 2013 with respect to Section 2 - What is your wage? of the Agreement which outlines a number of penalty rates that apply on a public holiday, Saturday, Sunday and late work. The penalty rates provided for in the Agreement appeared to be less than the penalty rates provided for in the Fast Food 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 outlining the current transitional arrangements under the Award with respect to penalty rates. In addition to its correspondence the Applicant has provided a number of indicative rosters and a comparison between the penalty rates under the Award and the penalty rates under the Agreement that demonstrates employees are better off overall under the Agreement.

[4] The Agreement covers those employees specified at clause 10 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] 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.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 26 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE403202  PR540408>