Palcove Pty Ltd T/A Cheap as Chips

[2014] FWCA 653

[2014] FWCA 653

FAIR WORK COMMISSION

DECISION

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

Palcove Pty Ltd T/A Cheap as Chips
(AG2013/12214)

CHEAP AS CHIPS (RETAIL VICTORIAN STAFF) ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 28 JANUARY 2014

Application for approval of the Cheap as Chips (Retail Victorian Staff) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cheap as Chips (Retail Victorian Staff) 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.

Undertakings

Meal allowance

[2] The Commission wrote to the Applicant via its legal representative and requested an undertaking be provided with respect to clause 5.8 - Meal Allowance of the Agreement. While the Commission notes that the clause was in similar terms to the meal allowance clause provided for under the General Retail Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test, the Agreement clause did not provide a further meal allowance where overtime worked by an employee exceeds four hours as provided for under the Award.

[3] The Applicant has provided an undertaking that where overtime work exceeds four hours a further meal allowance of $15.09 will be paid.

Span of ordinary hours

[4] In its correspondence to the Applicant, the Commission noted that the span of ordinary hours of work provided for at clause 6.1 - Hours of work/Overtime, and in particular sub clause 6.1.2 of the Agreement are greater than the span of ordinary hours of work provided for under the Award.

[5] The Applicant has provided an undertaking that it will apply the span of ordinary hours of work provisions as per clause 27.2(a) of the Award.

[6] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[7] The Agreement covers retail employees covered by classification levels 1 to 4 of the Award and who are based in Victoria. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[8] 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.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 4 February 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Annexure A

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