Haigh Retail Pty Ltd ATF Haigh Retail Trust T/A Haigh's Chocolates

[2015] FWCA 1365

[2015] FWCA 1365

FAIR WORK COMMISSION

DECISION

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

Haigh Retail Pty Ltd ATF Haigh Retail Trust T/A Haigh's Chocolates
(AG2015/77)

HAIGH'S RETAIL ENTERPRISE AGREEMENT 2014.

Retail industry
COMMISSIONER BULL	SYDNEY, 2 MARCH 2015

Application for approval of the Haigh's Retail Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Haigh's Retail Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] On 6 February 2015, the Commission wrote to the applicant, The Shop Distributive and Allied Employees’ Association (the Union Bargaining Representative), and employee bargaining representatives with respect to penalty rates for Sundays under the Agreement being less than the General Retail Industry Award 2010 (the Award) being the relevant award for the purpose of the better off overall test.

[3] Correspondence was received from the applicant on 11 February 2015.

Sunday Penalty Loading

[4] With respect to clause 29.3 - Rostered Weekends and Late Night Trade, and in particular sub clause 29.3(iii)(b), the Agreement provides a :

i. 70% loading on Sundays for permanent employees; and

ii. 90% loading on Sundays for casual employees inclusive of the casual loading.

[5] The Commission noted that the above penalty loadings for Sundays are lower than provided under the Award, however, with regard to clause 29.3 of the Agreement, which states that all permanent employees will be rostered to work only one Saturday and Sunday per consecutive four week cycle, and higher base rates of pay, the Commission is satisfied that employees would be better off under the Agreement.

[6] Additionally, at the request of the Commission, the applicant submitted a number of indicative and reflective rosters to demonstrate that employees would be better off under the Agreement, despite the lower Sunday penalty loading.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE412806  PR561436>