PCG Foods Pty Ltd T/A Crust Pizza

[2015] FWCA 4039

[2015] FWCA 4039

FAIR WORK COMMISSION

DECISION

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

PCG Foods Pty Ltd T/A Crust Pizza
(AG2015/935)

PCG FOODS GROUP ENTERPRISE AGREEMENT 2015

Fast food industry
COMMISSIONER BULL	SYDNEY, 19 JUNE 2015

Application for approval of the PCG Foods Group Enterprise Agreement 2015.

[1] An application has been made for the approval of an enterprise agreement known as the PCG Foods Group Enterprise Agreement 2015 (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 28 May 2015 and 1 June 2015, the Fair Work Commission (the Commission) wrote to the applicant with respect to the Dispute Settlement Procedure and the Better Off Overall Test (BOOT).

[3] Correspondence was received from the applicant addressing these issues on 1 and 9 June 2015.

Dispute Settlement Procedure

[4] With respect to cl.25 - Disputes Procedure of the Agreement, the clause does not provide for the representation of employees covered by the Agreement for the purposes of a dispute settlement procedure. The Commission noted to the applicant the requirement for representation for the purposes of a dispute procedure pursuant to s.186(6)(b) of the Act.

Undertaking

[5] The applicant has provided an undertaking in relation to the dispute settlement procedure which allows for representation of employees covered by the Agreement meeting the requirements under s.186(6) of the Act.

Better Off Overall Test (BOOT)

[6] The Commission noted that a number of entitlements are lower when compared to the Fast Food Industry Award 2010 (the Award) being the relevant award for the purposes of the BOOT. In particular these entitlements include a lower casual loading, reduced minimum engagement hours for casuals, incorporated weekend penalties, and a lower public holiday loading.

[7] The Commission took into consideration the applicant’s submissions, where it stated in its statutory declaration (F17) that the increased hourly rates of pay under the proposed Agreement is more beneficial than the Award and that employees would be better off under the Agreement. In this respect, the Commission requested the applicant provide a number of indicative rosters to support this position taken by the applicant.

[8] Upon review of the rosters submitted by the applicant, the Commission was concerned that casual employees who were to work over a public holiday period would be worse off under the Agreement, given the reduced casual and public holiday loading.

Undertaking

[9] At the request of the Commission, the applicant has provided an undertaking which increases the casual loading from 23% to 24% under the Agreement.

[10] Having regard to the undertakings and rosters provided by the applicant, I am satisfied that the Agreement results in employees being better off under the Agreement.

[11] The undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached at Annexure A.

[12] The undertakings are not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertakings do not result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[13] 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.

[14] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 26 June 2015. The nominal expiry date of the Agreement is 1 June 2017.

[15] This decision and undertakings should be brought to the attention of the employees by the applicant.

COMMISSIONER

Annexure A

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