Z & S Investment Pty Ltd T/A Gloria Jean’s Coffees Kingsway

[2013] FWCA 6001

[2013] FWCA 6001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Z & S Investment Pty Ltd T/A Gloria Jean’s Coffees Kingsway
(AG2013/1582)

Z & S INVESTMENT PTY LTD ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2013

Application for approval of the Z & S Investments Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Z & S Investments Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Z & S Investment Pty Ltd T/A Gloria Jean’s Coffees Kingsway. The agreement is a single-enterprise agreement.

[2] This matter was listed for a telephone hearing on 31 July 2013. Ms Alina Kaye of Enterprise Initiatives was granted leave to appear on behalf of the Applicant. This hearing addressed several issues I had identified in relation to the approval of this Agreement, particularly in relation to the following areas:

• Part time employees;



• Junior Employees;



• Rates of pay; and



• Annual leave.

[3] In relation to the provision involving part time employees, the Agreement proposed that the hours of work be based on the average number of hours to be worked over a four-week period, however the Award requires an agreement to be reached on fixed days as well as fixed hours per day for part time employees with any variation to these arrangements to be compensated at overtime rates. In response to this concern, the Applicant stated:

“In the context of the employer’s business, being a small business with a total of only 16 employees, both the employer and the employees are seeking to retain a level of flexibility in rostering of part-time work. Commissioner, our submission is that the provisions that we’ve inserted into the agreement allow the employer and employees to take into consideration usual operational changes that occur from time to time. We’re instructed that these changes might occur, for example, where an employee is looking to swap a shift if an employee has an exam or an appointment at university or is running late. In all cases we’re instructed that the employees will approach the employer and ask for a change to their rostered hours and the employer will seek to roster accordingly.” 1

[4] I accept this explanation.

[5] In regard to the provisions involving Junior Employees Ms Kaye assured the Commission that the rates under the Agreement will see employees better off as opposed to under the Award and they provided examples of rostering and rates in order to demonstrate this. I accept this explanation.

[6] Clause 17.4 of the Agreement relates to the cashing out of annual leave and provides that employees can agree to be paid the cash portion of up to four weeks annual leave and have that amount included in their hourly rate of pay. Leave can then be taken without any additional payment. In this case the Applicant has submitted that this clause allows for the cashing out of annual leave in accordance with s.93 of the Act. I have accepted this explanation.

[7] The Applicant has also advised that the intention of clause 13.1 of the Agreement is that any federal minimum wage increase be added to the permanent rates of pay in Part 1 of Schedule A of the Agreement, meaning that it would be added to the Monday to Friday rate as well as the weekend rate. They advised that the casual rates of pay will remain 23 per cent above the rates in Part 1, allowing the casual rate of pay to increase proportionately with the permanent rates of pay. Further to this, clause 13.3 ensures that junior rates of pay will also increase in line with the wage increases outlined in clause 13.1 and 13.2.

[8] I am satisfied with the explanations provided by the Applicant to all issues I raised with them. I am also satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 29 August 2017.

COMMISSIONER

 1   Transcript at PN17

Printed by authority of the Commonwealth Government Printer

<Price code G, AE403306  PR540575>