Glxess Pty Ltd T/A 88 Petshop

[2014] FWCA 5348

[2014] FWCA 5348

FAIR WORK COMMISSION

DECISION

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

Glxess Pty Ltd T/A 88 Petshop
(AG2014/6608)

GLXESS PTY LTD ENTERPRISE AGREEMENT

Retail industry
COMMISSIONER BULL	PERTH, 7 AUGUST 2014

Application for approval of the Glxess Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Glxess 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 via its representative on 16 July 2014, in relation to concerns it had with the Agreement. In particular, the concerns related to the wage rate schedules and determining how employees were allocated to them and Saturday penalties. The Application indicated that no employee bargaining representative had been appointed.

[3] Correspondence was received from the Applicant on 25 July 2014.

Employee allocation to Wage Schedules

[4] With respect to the Wage Rate Schedules in the Agreement, the Commission noted in its correspondence that it was unclear as to how the appropriate schedule for employees was determined and requested clarification as to how employees were categorised.

[5] In its correspondence to the Commission, the Applicant states that Wage Schedule 1 applies to employees who regularly work hours between Mondays and Fridays, Wage Schedule 2 applies to employees who regularly work hours between Mondays and Saturdays and Wage Schedule 3 applies to employees who regularly work hours between Mondays and Sundays.

[6] The Applicant also submits that sub clause 5(b) of the Agreement provides that at the commencement of employment, the Company and the employee will agree to the wage schedule to be applied depending on the employees expected rostered hours.

Saturday penalties

[7] In its correspondence to the Applicant, the Commission noted that the wage rates in Schedule 2 are for Monday to Saturday. The General Retail Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test provides that employees who work on a Saturday will receive an additional 25% and casuals an additional 10% on top of the casual loading, however, Schedule 2 of the Agreement does not provide for a Saturday penalty.

[8] In its correspondence to the Commission, the Applicant provided a document titled ‘breakdown of costings’ which outlined the indicative hours used to calculate wage rates in Schedule 1, Schedule 2, and Schedule 3.

[9] The Applicant has provided a number of indicative rosters and calculations that demonstrate employees are better off overall under the Agreement than they would be under the Award where they work in a roster period which includes Saturdays.

[10] Upon review of the correspondence, indicative rosters and calculations, I am satisfied that employees would be better off overall under the Agreement.

[11] 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.

[12] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 August 2014. The nominal expiry date is 30 June 2015.

COMMISSIONER

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