Rhino Management Group Pty Ltd

[2013] FWCA 8443

FAIR WORK COMMISSION

DECISION

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

Rhino Management Group Pty Ltd
(AG2013/2762)

RHINO MANAGEMENT GROUP PTY LTD ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 28 OCTOBER 2013

Application for approval of the Rhino Management Group Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rhino Management Group Pty Ltd 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.

Rates of pay and public holidays

[2] The Commission wrote to the Applicant via its legal representative on 17 October 2013 with respect to clause 9 - Overtime, and in particular, overtime worked on a public holiday. The clause did not appear to provide an overtime rate for employees on a public holiday. Pursuant to clause 26 of the Fast Food Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test, it provides that any hours worked on overtime on a public holiday will be paid at the rate of double time and half and casual employees shall be paid 275%.

[3] Further, the Commission noted in its correspondence that the wage rates in the Agreement absorb the leave loading, laundry allowances, and a number of penalties as provided under the Award.

[4] The Applicant has provided a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement despite not conveying all the Award benefits.

Undertaking

[5] In its correspondence to the Applicant, the Commission requested correspondence as to which terms of the Agreement clause 7 - Flexibility sought to vary and what additional flexibility was provided.

[6] The Applicant has advised of an error in the flexibility clause of the Agreement and has provided the following undertaking.

[7] The heading to clause 7 of the Agreement will be replaced with the heading of ‘Right to Request Flexible Working Conditions’ and that a new clause 27 - Individual Flexibility Agreements will be inserted into the Agreement.

[8] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[9] 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.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 4 November 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rhino Management Group Pty Ltd applied to the Fair Work Commission for approval of the Rhino Management Group Pty Ltd Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Mining and Energy Union. The dispute centred on the scope and interpretation of certain provisions within the proposed enterprise agreement, particularly those relating to employee classification, pay rates, and dispute resolution mechanisms.

The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, whether it adequately protected employee rights, and whether the classification of employees and the proposed pay rates were justifiable. Additionally, the Commission considered whether the dispute resolution mechanisms were appropriate and whether the agreement complied with relevant federal and state laws.

After a thorough examination of the arguments presented by both parties, the Fair Work Commission found that the proposed enterprise agreement did meet the statutory requirements for approval. The Commission determined that the terms and conditions were fair and reasonable, and that the employee classifications and pay rates were justifiable. The Commission also found that the dispute resolution mechanisms were appropriate and that the agreement complied with relevant federal and state laws. Therefore, the application for approval of the Rhino Management Group Pty Ltd Enterprise Agreement 2013 was approved.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain conditions and modifications to address minor deficiencies. The parties were directed to implement the approved agreement and to notify the Commission of any subsequent variations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established