McDonald's Australia Limited

[2013] FWCA 5001

[2013] FWCA 5001

FAIR WORK COMMISSION

DECISION

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

McDonald's Australia Limited
(AG2013/7236)

MCDONALD'S AUSTRALIA ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 24 JULY 2013

Application for approval of the McDonald's Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the McDonald's Australia 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 23 April 2013, pursuant to s.249 of the Act, Deputy President Sams issued a single interest employer authorisation [PR535937]. At Annexure A to the authorisation each of the Applicants were listed as employers to be covered by the proposed agreement. This Agreement shall cover those employers listed at Annexure A of that Order.

[3] The Commission wrote to the Applicant’s representative and the Shop, Distributive and Allied Employees Association (SDAEA) being a bargaining representative for the Agreement, with respect to employees engaged as level 4 employees being excluded from minimum breaks, overtime, penalties and early morning loadings.

[4] The Applicant’s representative advised the Commission that level four employees will not be required to work without a 10 hour break between engagements.

[5] With respect to the non-payment of overtime and other penalties to level 4 employees, the Company has provided indicative hours worked and the rates payable indicating that level 4 employees without these modern award benefits which are found in the Fast Food Industry Award 2010, being the relevant modern award for the purposes of the better off overall test will still be better off overall.

[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 SDAEA being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 31 July 2013. The nominal expiry date of the Agreement is 24 June 2017.

COMMISSIONER

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