1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
A.C.N. 600 042 082 Pty Ltd T/A Burger Urge Newcastle
(AG2015/3730)
BURGER URGE ENTERPRISE AGREEMENT 2015
Fast food industry
DEPUTY PRESIDENT BULL SYDNEY, 8 OCTOBER 2015
Application for approval of the Burger Urge Enterprise Agreement 2015
[1] An application has been made for the approval of an enterprise agreement known as
the Burger Urge 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. The applicant is A.C.N 600 042 082 Pty Ltd trading as Burger Urge Newcastle.
[2] The Fair Work Commission (the Commission) wrote to the applicant, via its legal
representative, Mr Ben Cooper on 8 July, 10 and 19 August 2015 with respect to the:
1. Consultation term not meeting the requirements under s.205 of the Act;
2. The employers to be covered by the Agreement;
3. Single interest employer test under s.172(5) of the Act; and
4. The Agreement meeting the requirements of the Better Off Overall Test as per s.186
of the Act.
[3] The applicant corresponded to the Commission on a number of occasions to address
the issues raised, with final submissions received on 7 October 2015.
Consultation term
[4] With respect to the consultation term at clause 7.1 of the Agreement, the applicant was
advised that the term did not meet the requirements of s.205(1)(a) of the Act. The clause
requires a ‘significant’ change to rosters etc. before consultation can take place. This
additional requirement is not apparent in the Act with respect to changes in rosters etc. Rather,
s. 205 of the Fair Work Act 2009 (the Act) requires the employer to consult employees with
regard to a change of employees regular roster or ordinary hours of work.
[5] Pursuant to s.205(2) of the Act, the model consultation term at Schedule 2.3 of the
Fair Work Regulations 2009 will be taken to be a term of the Agreement. A copy of the
model consultation term is attached at Annexure A of this decision.
[2015] FWCA 5729
DECISION
AUSTRALIA FairWork Commission
[2015] FWCA 5729
2
Employers to be covered by the Agreement
[6] At 2.3 of the submitted application (F16), 10 employers were named as being covered
by the Agreement; however, at Schedule B of the Agreement, there were 12 employers listed
as being covered by the Agreement.
[7] The applicant was requested to address the discrepancy between the employers listed
in the F16 and that of the Agreement. In particular, BU Crestwood Pty Ltd and DLM Pty Ltd
whom are specified in Schedule B of the Agreement were not identified as being an employer
to be covered by the Agreement in the submitted F16.
[8] It is submitted by Mr Cooper that BU Crestwood Pty Ltd and DLM Pty Ltd are Burger
Urge franchisees, and prior to the ballot process elected not to be covered by the Agreement
and employees did not participate in the ballot for the approval of the Agreement. As such,
BU Crestwood Pty Ltd and DLM Pty Ltd did not make an application in relation to the
Agreement, and are not covered by the Agreement in this application.
[9] Section 586(a) of the Act provides the Commission with a broad discretion to correct
or amend an application, or other document relating to the matter before the FWC, on any
terms that it considers appropriate. The exercise of this discretion has been applied by the
Commission in correcting an agreement that is before the Commission for approval pertaining
to inaccuracies or other errors relating to the agreement see for example [2015] FWCA 4099
and [2015] FWCA 3084.
[10] In this current application, BU Crestwood Pty Ltd and DLM Pty Ltd did not partake in
the voting of the Agreement and do not wish to be covered by the Agreement. This constitutes
as a mistake or error in the Agreement, as they are named as being employers to be covered
by the Agreement, which they have not elected to, nor did they partake in the agreement
voting process.
[11] I am satisfied that the Agreement contains an error in that BU Crestwood Pty Ltd and
DLM Pty Ltd are incorrectly listed as employers being covered by the Agreement and that it
should be corrected pursuant to s.586 of the Act. Accordingly, the Agreement is amended to
delete BU Crestwood Pty Ltd and DLM Pty Ltd from Schedule B of the Agreement.
[12] On 7 October 2015, Mr Cooper further advised that Jewellery Three Pillars Pty Ltd
had ceased to be a Burger Urge franchisee.
Single interest employer test under s.172(5) of the Act
[13] Pursuant to s.172(2) of the Act, the Commission requested the applicant address how 9
employers may make a single enterprise agreement, and in particular, how the applicant
would satisfy the single interest employer test under s.172(5) of the Act.
[14] The single interest employer test under s.172(5) of the Act:
Single interest employers
(5) Two or more employers are single interest employers if:
[2015] FWCA 5729
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(a) the employers are engaged in a joint venture or common enterprise; or
(b) the employers are related bodies corporate; or
(c) the employers are specified in a single interest employer authorisation that is
in operation in relation to the proposed enterprise agreement concerned.
[15] Mr Cooper submits that the employers to be covered by the Agreement are each
franchisees owning and operating ‘Burger Urge’ stores in Queensland and New South Wales.
Each of the employers trades under the ‘Burger Urge’ brand as employers engaged in a
common enterprise, thereby meeting the requirements under s.172(5).
[16] A “common enterprise” was defined by Mason J in Australian Softwood Forests Pty
Ltd v Attorney General-General (NSW); Ex re Corporate Affairs Commission (1981) 148
CLR 121, 133 (Australian Softwood):
“An enterprise may be described as common if it consists of two or more closely
connected operations on the footing that one part is to be carried out by A and the
other by B, each deriving a separate profit from what he does, even though there is no
pooling or sharing of receipts of profits. It will be enough that the two operations
constituting the enterprise contribute to the overall purpose that unites them. There is
then an enterprise common to both participants and, accordingly, a common
enterprise.”
[17] In this application, the applicant submits that each employer is a franchisee of the
‘Burger Urge’ brand, and as such constitute as a common enterprise. Pursuant to s.172(5)(a), I
am satisfied that the applicant and the employers to be covered by the Agreement are single
interest employers within the meaning of the Act.
Better Off Overall Test (BOOT)
[18] The Commission was concerned that when compared to the Fast Food Industry Award
2010 (the Award) being the relevant award for the purposes of the BOOT, the Agreement
offered reduced entitlements which may not result in employees being better off. Pursuant to
s.190 of the Act, the applicant was provided with an opportunity to provide undertakings to
address the concerns raised by the Commission. In particular, these concerns related to the
Agreement not providing any weekend penalties and the rates of pay for Certificate II
trainees.
Weekend Penalties
[19] Pay rates under the Agreement are inclusive of weekend penalties. The applicant
asserts in its statutory declaration (F17) that this is a benefit to employees as this results in
higher hourly rates of pay during the week than the Award. The Commission was not satisfied
that the higher hourly rates of pay adequately compensated for the removal of weekend
penalties and employees who may work only on weekends or a greater number of weekend
hours than weekday hours would be worse off under the Agreement.
[20] The applicant provided rosters to support its position that under the rostering pattern
of the employer, employees would be better off under the Agreement.
[2015] FWCA 5729
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Undertaking in relation to the weekend work
[21] At the request of the Commission, the applicant has provided an undertaking which
states that employees will not be rostered to work more than 3 hours on a weekend without
first having worked 11.5 hours during the week. The undertaking provided by the applicant is
taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure B.
Rate of pay for a Certificate II trainee
[22] With respect to cl. 2.2.1 of the Agreement – Traineeship, it states that trainees may
complete a Certificate II traineeship program. However, the Agreement does not specify a rate
of pay for a Certificate II trainee. The applicant was requested to provide the rate of pay for
these employees for clarification and certainty of the Agreement, as well as ensuring that such
employees would be better off under the Agreement as per s.186 of the Act.
Undertaking in relation to the Certificate II trainee rates of pay
[23] The applicant has provided an undertaking specifying that employees undertaking a
Certificate II training arrangement will be paid the applicable Certificate III training rate as
contained in Schedule A of the Agreement. I note that this pay rate is above the corresponding
pay rate provided under the Fast Food Industry Award 2010, being the relevant award for the
purposes of the s. 186 better off overall test.
[24] The undertaking provided by the applicant is taken to be a term of the Agreement. A
copy of the undertaking is attached at Annexure C.
[25] The undertakings provided by the applicant address the Commission’s concerns.
Taking into account the higher rates of pay under the Agreement and the undertakings
provided by the applicant, I am satisfied that the Agreement results in employees being better
off overall under the Agreement.
[26] 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.
[27] 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.
[28] The Agreement is approved. In accordance with s.54(1), the Agreement will operate
from 15 October 2015. The nominal expiry date of the Agreement is 4 years from the date of
approval.
[29] This decision and its undertakings should be brought to the attention of employees
covered by the Agreement by the applicant.
[2015] FWCA 5729
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DEPUTY PRESIDENT
MISSION THE SEA
[2015] FWCA 5729
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Annexure A
FAIR WORK REGULATIONS 2009- SCHEDULE 2.3
Model consultation tenn
(regulation 2.09)
Model consultation term
(1) This term applies ifthe employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that is likely to
have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of
work of employees.
Major change
(2) For a major change referred to in paragraph (l)(a):
(a) the employer must notify the relevant employees ofthe decision to introduce
the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
( 4) If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer ofthe identity of the
representative;
the employer must recognise the representative.
(5) As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
FAIR WORK REGULATIONS 2009 - SCHEDULE 2.3 Model consultation term (regulation 2.09) Model consultation term (1) This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees: or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change (2) For a major change referred to in paragraph (1)(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (3) to (9) apply. (3) The relevant employees may appoint a representative for the purposes of the procedures in this term. (4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation: and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (5) As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and
[2015] FWCA 5729
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(iii) measures the employer is taking to avert or mitigate the adverse effect
ofthe change on the employees; and
(b) for the purposes ofthe discussion--provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information aboutthe expected effects of the change on the employees;
and
(iii) any other matters likely to affect the employees.
(6) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
(8) If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer, the
requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.
(9) In this term, a major change is likely to have a significant effect on employees if
it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer's
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours ofwork; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change refen·ed to in paragraph (l)(b ):
(a) the employer must notify the relevant employees of the proposed change;
and
(iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion -- provide, in writing, to the relevant employees: change proposed; and (i) all relevant information about the change including the nature of the (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. (6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply. (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees, or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work (10) For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and
[2015] FWCA 5729
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(b) subclauses (11)to (15) apply.
(11) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(12) If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer ofthe identity of the
representative;
the employer must recognise the representative.
(13) As soon as practicable after proposing to introduce the change, the employer
must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion--provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change; and
(ii) information about what the employer reasonably believes will be the
effects ofthe change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring responsibilities).
(14) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
(16) In this term:
"relevant employees" means the employees who may be affected by a change referred to in
subclause ( 1 ).
(b) subclauses (11) to (15) apply. (11) The relevant employees may appoint a representative for the purposes of the procedures in this term. (12) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation, and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (13) As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change: and (b) for the purposes of the discussion -- provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees (16) In this term: "relevant employees" means the employees who may be affected by a change referred to in subclause (1).
[2015] FWCA 5729
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Annexure B
UNDERTAKING
A.C.N. 600 042 082 PTY L TO (T/A BURGER URGE)
BURGER URGE ENTERPRISE AGREEMENT 2015
AG2015/3730
The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urge) makes the following
undertaking in relation to the Burger Urge Enterprise Agreement 2015 (the Agreement).
1. Employees will not be rostered to work more than 3 hours on a weekend without first
having worked 11 .5 hours during the same week (Monday to Friday).
DATED at this
Signed for and on behalf of
A.C.N. 600 042 082 Pty ltd .
· ·· · · ··· · ····~· · · · · ·· · · ·· · ·· · · · · · · · · · · ·
Signature ·~~t·h~rised Representative
.... 9.-((9, ~- ... ~~f..~ (0. Y. ~ ....
Name of Authorised Representative
(BLOCK LETTERS)
........ I?.l.~~~ ................. ..
Title of Authorised Representative
181
h day of September 2015
................. 12: ............ .
Signature of Witness
.. .. .. ~~?T~I~ ... . ~~~···· · · ·
Name of Witness
(BLOCK LETTERS)
. .1!.3 .. N.~~-~ -.. ~I,.YP·~ ~ - rifuW J 3JD
Address of Authorised Representative
UNDERTAKING A.C.N. 600 042 082 PTY LTD (T/A BURGER URGE) BURGER URGE ENTERPRISE AGREEMENT 2015 AG2015/3730 The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urge) makes the following undertaking in relation to the Burger Urge Enterprise Agreement 2015 (the Agreement). 1. Employees will not be rostered to work more than 3 hours on a weekend without first having worked 11.5 hours during the same week (Monday to Friday). DATED at this 18th day of September 2015 Signed for and on behalf of A.C.N. 600 042 082 Pty Ltd. Signature of Authorised Representative Signature of Witness CHRIS SCHAFFERIUS MATTHEW ROBERTS Name of Authorised Representative (BLOCK LETTERS) Name of Witness (BLOCK LETTERS) DIRECTOR Title of Authorised Representative 43 HIGH STREET, LARGS NOW 2320 Address of Authorised Representative
[2015] FWCA 5729
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Annexure C
Printed by authority of the Commonwealth Government Printer
Price code A, AE415346 PR570993
UNDERTAKING
A .C .N. 600 042 082 PTY LTD (T/ A BURGER URGE)
BURGER URGE ENTERPRISE AGREEMENT 2015
AG2015J3730
The Employer. A.C.N. 600 042 082 Pty ltd (r/A Burger Urgo) makes the following
undertaking in relation to Ole approva of the Burger Urge Enterprisfl Agreement 2015 { the
Agreement).
1. Employees undertak11'19 a Cert. II training arrangement shall be paid Ole applicable
Cert. Il l trainlfl9 rete contained in Scl1edule A of Ole Agreement.
DATED at th is
Signed for and on boh If of
A .C .N . 600 042 082 Pty ltd .
s~;;;;.~;~~·;;;;;;~~;;u,.
.... ~~?. ... .. ... ... ~.f.F.~.R!!-?.~.
Name of A uthorised Representative
(BLO CK LETTERS)
..... ~~~?..c:?-.................. .
TiUe of Authorised Reprosentative
18., day of August 2015
..................... L ....... .
S gnaturo of Witness
..... m~ff~---~~---·
Name of W itness
(BLOCK LETTERS)
.k3 .. H.'.0~ .. Sf&.f.f...,. .~~-~~-~ NSw ~3d-o
Address of Aut.horisod Representative
UNDERTAKING A.C.N. 600 042 082 PTY LTD (T/A BURGER URGE) BURGER URGE ENTERPRISE AGREEMENT 2015 AG2015/3730 The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urgo) makes the following undertaking in relation to the approval of the Burger Urge Enterprise Agreement 2015 (the Agreement). 1. Employees undertaking a Cert. Il training arrangement shall be paid the applicable Cert. Ill training rate contained in Schedule A of the Agreement. DATED at this 18" day of August 2015 Signed for and on behalf of A.C.N. 600 042 082 Pty Ltd. ....... Signature of Witness CHRIS SCHAFFERIUS MATTHEW ROBERTS Name of Authorised Representative (BLOCK LETTERS) Name of Witness (BLOCK LETTERS) DIRECTOR Title of Authorised Representative 43 HIGH STREET LARGS NSW 2320 Address of Authorised Representative
BURGER URGE
ENTERPRISE AGREEMENT 2015
burger urge taste addiction. BURGER URGE ENTERPRISE AGREEMENT 2015
phang
Undertaking
phang
Consultation term stamp
FAIR WORK REGULATIONS 2009 - SCHEDULE 2.3
Model consultation term
(regulation 2.09)
Model consultation term
(1) This term applies if the employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that is likely to
have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of
work of employees.
Major change
(2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the decision to introduce
the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(4) If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
(5) As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect
of the change on the employees; and
(b) for the purposes of the discussion--provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the employees;
and
(iii) any other matters likely to affect the employees.
(6) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
(8) If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer, the
requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.
(9) In this term, a major change is likely to have a significant effect on employees if
it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer's
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the proposed change;
and
(b) subclauses (11) to (15) apply.
(11) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(12) If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
(13) As soon as practicable after proposing to introduce the change, the employer
must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion--provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change; and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring responsibilities).
(14) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
(16) In this term:
"relevant employees" means the employees who may be affected by a change referred to in
subclause (1).
PART 1 PRELIMINARY ........ ................................................................................... .. 3
1.1 TITLE ............................................................. ...................... ..... .......... .. .......... .... ... .... ... 3
1.2 AGREEMENT COVERAGE ................ ........................... .. ....... ... .......... ..... .................. . 3
1.3 DATE AND PERIOD OF OPERATION .... .... ... .. .... ........ ........... .. .... ....... ... .... ... .. ... ....... . 3
1.4 SCOPE OF THE AGREEMENT .......... ................... ........... ............................... .. ......... . 3
1.5 PURPOSE ....... ····················· .......... ······· ······· ........ ... ... ... .... ............................................ . 3
1.6 THE BURGER URGE CULTURE ............... ................................... ........ ............................ .. 3
1.7 THE BURGER URGE EMPLOYEE ........... ...... ...... ..... .. .. ... .. .... ..... .. .. .. ... .. ... ...... .... ..... ... ...... .4
PART 2 TERMS AND CONDITIONS OF EMPLOYMENT ....................................... .4
2.1 PROBATIONARY PERIOD .......... ........ ........ ................... ...... ...... .... ... .... .... .. .. .. ...... ..... . 4
2.2 TRAINEESHIP .................. .. ........ ... ...... ... ...... ... .. ............... ... ..... .. .. .. .. .. ....... .... .. ..... .... ... 5
2.3 TYPES OF ENGAGEMENT ....... ..... .... ............. .......... ................. .. ..................... ........ ......... . 5
PART3 HOURS OF WORK AND RELATED MATTERS ......................................... 6
3.1 ORDINARY HOURS OF WORK AND ROSTERING ........ ......... ............ .. .............. .... .... ...... .... . 6
3.2 OVERTIME ..................................................... ..... ... ............ ................ ............................ 7
3.3 TIME OFF IN LIEU OF OVERTIME ...................... ... .... ..... .................. ... ...... .. .. .............. ....... 7
3.4 BREAKS ........................................................ .. .. ...................................... ...................... 7
3.5 LOCATION ..................................................... ............................................. ............ ....... 8
PART 4 RATES OF PAY, ALLOWANCES AND RELATED MATTERS .................. 8
4.1 CLASSIFICATION STRUCTURE AND RATES OF PAY ............................................. 8
4.2 PAYMENT OF WAGES ............................................................................................... 9
4.3 SUPERANNUATION ................................................................................................... 9
4.4 PROVISION OF DISCOUNTED MEALS ............................................................................... 9
4.5 UNIFORM ..................................................................................................................... 1 0
PARTS LEAVE ENTITLEMENTS ........................................................................... 1 0
5.1 ANNUAL LEAVE ...................... ....... ... .. ... .. .. ... ........... ....... .............................................. 10
5.2 PERSONAL/CARER'S LEAVE ... ... ...... ............. .... .. .. .. .................................................... .. 11
5.3 OTHER LEAVE ENTITLEMENTS ....... .......... ....................... ......................... ...... ... .. ... .. ... .. 11
5.4 PUBLIC HOLIDAYS ................. .. ........ ....................... ...................................................... 11
PARTS TERMINATION OF EMPLOYMENT AND REDUNDANCY ....................... 12
6.1 TERMINATION OF EMPLOYMENT .......................................................................... 12
6.2 CONFIDENTIALITY ............................. ...... ... ................................. .... ............................. 13
6.3 REDUNDANCY .............................. ............ .. ........... .... ..... ... ....... .. .... .... ................. .... 13
PART7 SIGNATURES ............................................................................................ 19
PART 1 PRELIMINARY 3 1.1 TITLE. .3 1.2 AGREEMENT COVERAGE 3 1.3 DATE AND PERIOD OF OPERATION 3 1.4 SCOPE OF THE AGREEMENT 3 1.5 PURPOSE .3 1.6 THE BURGER URGE CULTURE. .3 1.7 THE BURGER URGE EMPLOYEE 4 PART 2 TERMS AND CONDITIONS OF EMPLOYMENT .4 2.1 PROBATIONARY PERIOD 4 2.2 TRAINEESHIP 5 2.3 TYPES OF ENGAGEMENT 5 PART 3 HOURS OF WORK AND RELATED MATTERS .6 3.1 ORDINARY HOURS OF WORK AND ROSTERING .6 3.2 OVERTIME .. 7 3.3 TIME OFF IN LIEU OF OVERTIME .7 3.4 BREAKS .7 3.5 LOCATION 8 PART 4 RATES OF PAY, ALLOWANCES AND RELATED MATTERS .8 4.1 CLASSIFICATION STRUCTURE AND RATES OF PAY . 8 4.2 PAYMENT OF WAGES .9 4.3 SUPERANNUATION .9 . 4.4 PROVISION OF DISCOUNTED MEALS 9 4.5 UNIFORM 10 PART 5 LEAVE ENTITLEMENTS .. 10 5.1 ANNUAL LEAVE .. 10 5.2 PERSONAL/CARER'S LEAVE 1 5.3 OTHER LEAVE ENTITLEMENTS .11 5.4 PUBLIC HOLIDAYS 11 PART 6 TERMINATION OF EMPLOYMENT AND REDUNDANCY. .. 12 6.1 TERMINATION OF EMPLOYMENT 12 6.2 CONFIDENTIALITY 6.3 REDUNDANCY ... 1. 13 PART 7 SIGNATURES ... 19
PART 1 PRELIMINARY
1.1 TITLE
This Agreement shall be known as the Burger Urge Enterprise Agreement 2015.
1.2 AGREEMENT COVERAGE
This Agreement applies to :
• The Employers listed in Schedule B of this Agreement ('Burger Urge',
'Employer', 'Us' or 'We'); and
All the employees of Burger Urge for whom there is a classification in this
Agreement ('the employees' or 'you').
1.3 DATE AND PERIOD OF OPERATION
This Agreement shall commence from the date identified in the approval decision of
Fair Work Commission and shall remain in force for a period of four (4) years.
1.4 SCOPE OF THE AGREEMENT
1.4.1 This Agreement shall operate to the exclusion of any other Agreements or Awards.
1.4.2 No extra claims will be made during the term of this Agreement.
1.4.3 All employees with more beneficial terms and conditions then those set out within this
Agreement at the time of approval will maintain those conditions, unless otherwise
agreed.
1.5 PURPOSE
The purpose of this Agreement is to:
• Create a positive experience for all customers' by providing the best product and
customer service;
• Create a safe and enjoyable workplace; and
Ensure consistent terms and conditions for each Burger Urge employee and
simplify wages; and
Maintain the Burger Urge culture throughout each store.
1.6 THE BURGER URGE CULTURE
3
PART 1 PRELIMINARY 1.1 TITLE This Agreement shall be known as the Burger Urge Enterprise Agreement 2015 1.2 AGREEMENT COVERAGE This Agreement applies to: . The Employers listed in Schedule B of this Agreement ('Burger Urge', 'Employer', 'Us' or 'We'); and All the employees of Burger Urge for whom there is a classification in this Agreement ('the employees' or 'you'). 1.3 DATE AND PERIOD OF OPERATION This Agreement shall commence from the date identified in the approval decision of Fair Work Commission and shall remain in force for a period of four (4) years. 1.4 SCOPE OF THE AGREEMENT 1.4.1 This Agreement shall operate to the exclusion of any other Agreements or Awards. 1.4.2 No extra claims will be made during the term of this Agreement. 1.4.3 All employees with more beneficial terms and conditions then those set out within this Agreement at the time of approval will maintain those conditions, unless otherwise agreed, 1.5 PURPOSE The purpose of this Agreement is to: · Create a positive experience for all customers' by providing the best product and customer service; Create a safe and enjoyable workplace; and Ensure consistent terms and conditions for each Burger Urge employee and simplify wages; and Maintain the Burger Urge culture throughout each store. 1.6 THE BURGER URGE CULTURE 3
Burger Urge represents and provides fresh quality gourmet food, which is served in
youthful and urban environment, and strives to uphold the 3 pillars of what makes a
first rate venue; Great service, amazing product quality, impressive store
appearance. Burger Urge aims to provide its employees a safe, enjoyable and fun
workplace with a strong focus on providing the best possible customer experience.
In an effort to achieve this, we strive to:
Develop the skills of all employees and providing ongoing training and support;
Provide open and honest communications to you through various means;
Provide policies and procedures which ensure that you are aware of what we
expect of you;
• Respect you and keep you safe within the workplace; and
Reward you in various ways for excellent customer service.
1.7 THE BURGER URGE EMPLOYEE
As an employee of Burger Urge, we expect you to:
• Always act in the best interests of Burger Urge;
Avoid inappropriate behaviour such as harassment or bullying, toward
colleagues or customers, whilst at work or on social media;
• Be a part of the team and assist the team to the best of your abilities;
• Ensure that the best ingredients are used to create a high quality product;
Ensure that the store is clean and tidy;
Ensure that you are aware of your upcoming shifts in accordance with the roster;
Follow all and any reasonable direction given to you;
Maintain a neat and professional personal appearance;
• Perform the duties assigned to you to the best of your ability;
• Protect and promote Burger Urge's reputation and business interests; and
• Provide excellent customer service to each customer.
PART 2 TERMS AND CONDITIONS OF EMPLOYMENT
2.1 PROBATIONARY PERIOD
2.1.1 All new employees will be on probation for a period of 6 months from the date of
commencement of their employment.
2.1 .2 For clarity, nothing in this Agreement impacts on the six (6) month minimum
employment period as prescribed by the Fair Work Act 2009 (Cth).
2.1.3 During your probationary period you will undergo the 'Burger Urge induction and staff
development program' which involves:
• Practical and theory based training on Burger Urge systems & procedures
relating to your postion;
Employee and employer obligations during your employment;
4
Burger Urge represents and provides fresh quality gourmet food, which is served in youthful and urban environment, and strives to uphold the 3 pillars of what makes a first rate venue; Great service, amazing product quality, impressive store appearance. Burger Urge aims to provide its employees a safe, enjoyable and fun workplace with a strong focus on providing the best possible customer experience. In an effort to achieve this, we strive to: Develop the skills of all employees and providing ongoing training and support; ... Provide open and honest communications to you through various means; Provide policies and procedures which ensure that you are aware of what we expect of you; Respect you and keep you safe within the workplace; and . . Reward you in various ways for excellent customer service. 1.7 THE BURGER URGE EMPLOYEE As an employee of Burger Urge, we expect you to: Always act in the best interests of Burger Urge; .. Avoid inappropriate behaviour such as harassment or bullying, toward colleagues or customers, whilst at work or on social media; Be a part of the team and assist the team to the best of your abilities; Ensure that the best ingredients are used to create a high quality product; Ensure that the store is clean and tidy; Ensure that you are aware of your upcoming shifts in accordance with the roster; Follow all and any reasonable direction given to you; Maintain a neat and professional personal appearance; Perform the duties assigned to you to the best of your ability; Protect and promote Burger Urge's reputation and business interests; and Provide excellent customer service to each customer. PART 2 TERMS AND CONDITIONS OF EMPLOYMENT 2.1 PROBATIONARY PERIOD 2.1.1 All new employees will be on probation for a period of 6 months from the date of commencement of their employment. 2.1.2 For clarity, nothing in this Agreement impacts on the six (6) month minimum employment period as prescribed by the Fair Work Act 2009 (Cth). 2.1.3 During your probationary period you will undergo the 'Burger Urge induction and staff development program' which involves: . Practical and theory based training on Burger Urge systems & procedures relating to your postion; Employee and employer obligations during your employment; 4
• Competencies required to be achieved as part of your position;
• Delivery of contextualised training with focus on developing your skills and
catering to individual needs;
• Customised on the job training as required;
• Group meetings and training onsite and offsite;
• Training and assessment will be conducted by Burger Urge training and support
staff that will ensure a safe and equitable training environment.
2.1.4 We will pay for all of your training and the majority of the training will be conducted
during your paid work time.
2.2 TRAINEESHIP
2.2.1 Traineeship
If you are eligible, upon commencing employment with us, you will commence on the
accredited Burger Urge Traineeship program approved by the relevant State training
authority, which may include:
• Certificate II in Retail and/or Hospitality;
• Certificate Ill in Hospitality; or
• Any other Certificate relevant to the operational needs of Burger Urge.
2.2.2 All traineeships will be on a part-time basis and be completed on the job.
2.2.2 Burger Urge training is subject to change based on the needs of the business and
Australian standards. The Burger Urge traineeship program has been contextualised
by a registered training organisation and meets the compliance of a nationally
recognised qualification.
2.2.4 Trainee's are entitled to the same terms and conditions of employment under this
agreement and will be renumerated as a trainee.
2.3 TYPES OF ENGAGEMENT
You will be engaged under this Agreement in one of the following categories:
• Full-time employee;
• Part-time employee;
• Casual employee; or
Salaried Manager.
2.3.1 Full-Time employees
A full-time employee is engaged to work an average of 38 hours per week.
2.3.2 Part-time employees
(a) A part-time employee is an employee engaged to work:
5
Competencies required to be achieved as part of your position; Delivery of contextualised training with focus on developing your skills and catering to individual needs; Customised on the job training as required; ... Group meetings and training onsite and offsite; Training and assessment will be conducted by Burger Urge training and support staff that will ensure a safe and equitable training environment. 2.1.4 We will pay for all of your training and the majority of the training will be conducted during your paid work time. 2.2 TRAINEESHIP 2.2.1 Traineeship If you are eligible, upon commencing employment with us, you will commence on the accredited Burger Urge Traineeship program approved by the relevant State training authority, which may include: Certificate II in Retail and/or Hospitality; . .. Certificate III in Hospitality; or Any other Certificate relevant to the operational needs of Burger Urge. 2.2.2 All traineeships will be on a part-time basis and be completed on the job. 2.2.2 Burger Urge training is subject to change based on the needs of the business and Australian standards. The Burger Urge traineeship program has been contextualised by a registered training organisation and meets the compliance of a nationally recognised qualification. 2.2.4 Trainee's are entitled to the same terms and conditions of employment under this agreement and will be renumerated as a trainee. 2.3 TYPES OF ENGAGEMENT You will be engaged under this Agreement in one of the following categories: Full-time employee; Part-time employee; Casual employee; or . Salaried Manager. 2.3.1 Full-Time employees A full-time employee is engaged to work an average of 38 hours per week. 2.3.2 Part-time employees (a) A part-time employee is an employee engaged to work: 5
• Up to 38 ordinary hours per week;
• Has reasonably predictable hours of work; and
• Receives on a pro-rata basis, equivalent pay and conditions to those of
full-time employees who do the same kind of work.
(b) A part-time employee will be paid per hour as prescribed for the classification
of work in which you are engaged.
(c) A part-time employee will be paid for a minimum engagement of 3 hours. If
you choose to finish your rostered shift early, you will only be paid for the
actual hours worked.
2.3.3 Casual employees
(a) A casual employee is engaged on an hourly basis for a maximum of 38
ordinary hours per week, plus any reasonable additional hours where
necessary.
(b) All casual employees shall be paid per hour as prescribed for the
classification of work in which you are engaged plus a loading of 25%.
(c) Casual employees will be provided with a minimum of 3 hours work or pay per
engagement. If you choose to finish your rostered shift early, you will only be
paid for the actual hours worked.
2.3.4 Salaried Managers
(a) A salaried manager is engaged to work an average of 38 ordinary hours per
week plus reasonable additional hours on an 'all-inclusive' salary
arrangement. Your salary is in full satisfaction of all hours worked by you and
as such the following clauses of this agreement do not apply to you
• Hours of work
• Overtime
• Penalty rates
• Allowances
Annual leave loading
Public holidays
(b) Salaried Managers are usually required to work on most designated public
holidays. When required to work on a public holiday, the Salaried Manager
will be paid at ordinary rates for the day plus receive an additional day of
annual leave.
PART 3 HOURS OF WORK AND RELATED MATTERS
3.1 ORDINARY HOURS OF WORK AND ROSTERING
3.1.1 The ordinary hours of work are an average of 38 hours per week in accordance with
the roster.
6
Up to 38 ordinary hours per week; Has reasonably predictable hours of work; and Receives on a pro-rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work. (b) A part-time employee will be paid per hour as prescribed for the classification of work in which you are engaged. (c) A part-time employee will be paid for a minimum engagement of 3 hours. If you choose to finish your rostered shift early, you will only be paid for the actual hours worked. 2.3.3 Casual employees (a) A casual employee is engaged on an hourly basis for a maximum of 38 ordinary hours per week, plus any reasonable additional hours where necessary. (b) All casual employees shall be paid per hour as prescribed for the classification of work in which you are engaged plus a loading of 25%. (c) Casual employees will be provided with a minimum of 3 hours work or pay per engagement. If you choose to finish your rostered shift early, you will only be paid for the actual hours worked. 2.3.4 Salaried Managers (a) A salaried manager is engaged to work an average of 38 ordinary hours per week plus reasonable additional hours on an 'all-inclusive' salary arrangement. Your salary is in full satisfaction of all hours worked by you and as such the following clauses of this agreement do not apply to you Hours of work . . Overtime . Penalty rates Allowances Annual leave loading Public holidays (b) Salaried Managers are usually required to work on most designated public holidays. When required to work on a public holiday, the Salaried Manager will be paid at ordinary rates for the day plus receive an additional day of annual leave. PART 3 HOURS OF WORK AND RELATED MATTERS 3.1 ORDINARY HOURS OF WORK AND ROSTERING 3.1.1 The ordinary hours of work are an average of 38 hours per week in accordance with the roster. 6
3.1.2 You may be rostered to work up to a maximum of 11 ordinary hours on any day.
3.1.3 Hours of work will be continuous, except for rest pauses and meal breaks.
3.1.4 We will arrange work by way of a roster in accordance with operational requirements.
The roster will be usually be determined at feast one week in advance and provided
in store.
3.1.5 In determining the roster, we will consider any study or personal commitments you
have, with the operational needs of the business and the availability of other
employees. However, if you are unable to perform a rostered shift once the roster is
finalised, you are responsible for arranging an appropriate alternative with the
agreement of a Manager.
3.1.6 We may change the roster by giving you 24 hours notice of the change. This notice
may be waived by mutual agreement in the event of illness, accidents, emergent
circumstances or due to operational requirements.
3.2 OVERTIME
3.2.1 We will make an effort to avoid unplanned overtime where possible. However, on
occasion, you may be required to work overtime which is in excess of 38 hours per
week or the maximum ordinary hours in a day.
3.2.2 When required to work pre-approved overtime, you will be entitled to receive time
and a half for the 2 hours and double time thereafter, except on a Sunday where all
pre-approved overtime will be paid at double time.
3.3 TIME OFF IN LIEU OF OVERTIME
3.3.1 This clause applies to Salaried Managers only.
3.3.2 Where you work in excess of your reasonable additional hours, we may agree with
you to take time off in lieu of overtime, provided that:
• The time worked in excess of your weekly rostered hours will be as agreed with
us.
Time off shall be taken on an 'hour for hour' basis (i.e. one hour of overtime will
equate to one paid hour off).
• Time off is required to be taken within 4 weeks of its approval at an agreed time
with us. If we are unable to agree, the additional time will be paid at ordinary
rates.
3.4 BREAKS
7
3.1.2 You may be rostered to work up to a maximum of 11 ordinary hours on any day. 3.1.3 Hours of work will be continuous, except for rest pauses and meal breaks. 3.1.4 We will arrange work by way of a roster in accordance with operational requirements. The roster will be usually be determined at least one week in advance and provided in store. 3.1.5 In determining the roster, we will consider any study or personal commitments you have, with the operational needs of the business and the availability of other employees. However, if you are unable to perform a rostered shift once the roster is finalised, you are responsible for arranging an appropriate alternative with the agreement of a Manager. 3.1.6 We may change the roster by giving you 24 hours notice of the change. This notice may be waived by mutual agreement in the event of illness, accidents, emergent circumstances or due to operational requirements. 3.2 OVERTIME 3.2.1 We will make an effort to avoid unplanned overtime where possible. However, on occasion, you may be required to work overtime which is in excess of 38 hours per week or the maximum ordinary hours in a day. 3.2.2 When required to work pre-approved overtime, you will be entitled to receive time and a half for the 2 hours and double time thereafter, except on a Sunday where all pre-approved overtime will be paid at double time. 3.3 TIME OFF IN LIEU OF OVERTIME 3.3.1 This clause applies to Salaried Managers only. 3.3.2 Where you work in excess of your reasonable additional hours, we may agree with you to take time off in lieu of overtime, provided that: . The time worked in excess of your weekly rostered hours will be as agreed with Us. Time off shall be taken on an 'hour for hour' basis (i.e. one hour of overtime will equate to one paid hour off). Time off is required to be taken within 4 weeks of its approval at an agreed time with us. If we are unable to agree, the additional time will be paid at ordinary rates. 3.4 BREAKS 7
3.4.1 Rest Pause
(a) If you work more than 4 hours in a day, you will be entitled to take a 10 minute
rest pause.
(b) If you work more than 9 hours in a day, you will be entitled to take a second
1 0 minute rest pause.
(c) Rest pauses may be combined as one 20 minute rest pause by mutual
agreement.
(d) All rest pauses are paid breaks.
3.4.2 Meal Break
(a) If you work more than 6 hours in a day, you will be entitled to take a 30 minute
meal break.
(b) During your meal break, we will provide you with one free burger.
(c) All meal breaks are unpaid breaks.
3.4.3 All breaks must be taken at a time convenient to the operational needs of us and in
consideration of rostering arrangements.
3.4.4 You will not be required to take a break within 1 hour of your starting or finishing time.
3.5 LOCATION
3.5.1 On occasion, you may be requested to perform your duties at another Burger Urge
store, either on a permanent or temporary basis.
3.5.2 We will consult and consider your personal circumstances prior to implementing any
change in location.
PART 4 RATES OF PAY, ALLOWANCES AND RELATED MATTERS
4.1 CLASSIFICATION STRUCTURE AND RATES OF PAY
4.1.1 Classification structures and corresponding rates of pay can be found in Schedule A.
8
3.4.1 Rest Pause (a) If you work more than 4 hours in a day, you will be entitled to take a 10 minute rest pause. (b) If you work more than 9 hours in a day, you will be entitled to take a second 10 minute rest pause. (c) Rest pauses may be combined as one 20 minute rest pause by mutual agreement. (d) All rest pauses are paid breaks. 3.4.2 Meal Break (a) If you work more than 6 hours in a day, you will be entitled to take a 30 minute meal break. (b) During your meal break, we will provide you with one free burger. (c) All meal breaks are unpaid breaks. 3.4.3 All breaks must be taken at a time convenient to the operational needs of us and in consideration of rostering arrangements. 3.4.4 You will not be required to take a break within 1 hour of your starting or finishing time. 3.5 LOCATION 3.5.1 On occasion, you may be requested to perform your duties at another Burger Urge store, either on a permanent or temporary basis. 3.5.2 We will consult and consider your personal circumstances prior to implementing any change in location. PART 4 RATES OF PAY, ALLOWANCES AND RELATED MATTERS 4.1 CLASSIFICATION STRUCTURE AND RATES OF PAY 4.1.1 Classification structures and corresponding rates of pay can be found in Schedule A. 8
4.1.2 Unless otherwise provided for in this Agreement, the rates of pay found in Schedule
A are inclusive of all loadings, penalties, allowances, regular overtime or ancillary
payments.
4.1.3 Junior Employees
Junior employees will be paid the following percentage of the appropriate rates of
pay in Schedule A:
Age %of Rate of Pa_y
Under 16 years of 40
age
16 years of ag_e 50
17 years of age 60
18 years of age 70
19 years of age 80
20 years of age 90
4.2 PAYMENT OF WAGES
Wages will usually be paid weekly, one week in arrears, by Electronic Funds
Transfer into your nominated bank account, unless otherwise agreed with the
majority of employees.
4.3 SUPERANNUATION
4.3.1 In addition to the rates of pay prescribed by this Agreement, we will contribute an
amount of occupational superannuation in accordance with the provisions of the
Superannuation Guarantee (Administration) Act 1992 or relevant Federal Legislation
as amended from time to time, on your behalf.
4.3.2 For the purposes of this Agreement the approved fund shall be the Intrust or other
fund as approved by the Employer.
4.3.3 Superannuation will not be payable where you:
(a) Earn less than $450.00 in a calendar month; and/or
(b) Are under 18 years of age and work 30 hours or less per week.
4.4 PROVISION OF DISCOUNTED MEALS
4.4.1 We will provide to you discounted items whilst you are employed with us.
4.4.2 During a rostered shift, you will be entitled to 50% off all food and non-alcoholic
items. You will only be able to consume purchased items, before or after your shift or
whilst you are on your rest pause or meal break.
9
4.1.2 Unless otherwise provided for in this Agreement, the rates of pay found in Schedule A are inclusive of all loadings, penalties, allowances, regular overtime or ancillary payments. 4.1.3 Junior Employees Junior employees will be paid the following percentage of the appropriate rates of pay in Schedule A: Age % of Rate of Pay Under 16 years of 40 age 16 years of age 50 17 years of age 60 18 years of age 70 19 years of age 80 20 years of age 90 4.2 PAYMENT OF WAGES Wages will usually be paid weekly, one week in arrears, by Electronic Funds Transfer into your nominated bank account, unless otherwise agreed with the majority of employees. 4.3 SUPERANNUATION 4.3.1 In addition to the rates of pay prescribed by this Agreement, we will contribute an amount of occupational superannuation in accordance with the provisions of the Superannuation Guarantee (Administration) Act 1992 or relevant Federal Legislation as amended from time to time, on your behalf. 4.3.2 For the purposes of this Agreement the approved fund shall be the Intrust or other fund as approved by the Employer. 4.3.3 Superannuation will not be payable where you: (a) Earn less than $450.00 in a calendar month; and/or (b) Are under 18 years of age and work 30 hours or less per week. 4.4 PROVISION OF DISCOUNTED MEALS 4.4.1 We will provide to you discounted items whilst you are employed with us. 4.4.2 During a rostered shift, you will be entitled to 50% off all food and non-alcoholic items. You will only be able to consume purchased items, before or after your shift or whilst you are on your rest pause or meal break. 9
4.4.3 You are entitled to 30% off all items at all other times.
4.5 UNIFORM
4.5.1 Upon commencement of your employment with us, you will be provided with a Burger
Urge uniform. This uniform will remain the property of us.
4.5.2 A $50.00 bond will be held from your first weeks' pay and will be paid to you upon
return of the uniform after you have ceased employment with us.
4.5.3 You are responsible for the cleanliness and professional presentation of the uniform
and any costs associated with laundering are included in your rate of pay.
PART 5 LEAVE ENTITLEMENTS
5.1 ANNUAL LEAVE
5.1.1 This clause does not apply to casual employees.
5.1 .2 All permanent employees are entitled to 4 weeks paid annual leave for each
completed year of continuous service in accordance with the Fair Work Act 2009.
5.1.3 Annual leave loading is provided for in your rate of pay.
5.1.4 You may cash out an amount of your annual leave upon application in writing to us,
provided that the balance of your remaining leave must be at least 4 weeks.
5.1.5 If your annual leave balance is in excess of 8 weeks, we may direct you to take up to
2 weeks leave at a time convenient to us.
5.1.6 We may require you to take annual leave in any period during which Burger Urge
closes, such as during the Christmas/New Year holiday period or any other period
designated as a shutdown.
5.1.7 You will be provided with at least 8 weeks notice of the commencement date of the
shutdown.
10
4.4.3 You are entitled to 30% off all items at all other times. 4.5 UNIFORM 4.5.1 Upon commencement of your employment with us, you will be provided with a Burger Urge uniform. This uniform will remain the property of us. 4.5.2 A $50.00 bond will be held from your first weeks' pay and will be paid to you upon return of the uniform after you have ceased employment with us. 4.5.3 You are responsible for the cleanliness and professional presentation of the uniform and any costs associated with laundering are included in your rate of pay. PART 5 LEAVE ENTITLEMENTS 5.1 ANNUAL LEAVE 5.1.1 This clause does not apply to casual employees. 5.1.2 All permanent employees are entitled to 4 weeks paid annual leave for each completed year of continuous service in accordance with the Fair Work Act 2009. 5.1.3 Annual leave loading is provided for in your rate of pay. 5.1.4 You may cash out an amount of your annual leave upon application in writing to us, provided that the balance of your remaining leave must be at least 4 weeks 5.1.5 If your annual leave balance is in excess of 8 weeks, we may direct you to take up to 2 weeks leave at a time convenient to us. 5.1.6 We may require you to take annual leave in any period during which Burger Urge closes, such as during the Christmas/New Year holiday period or any other period designated as a shutdown. 5.1.7 You will be provided with at least 8 weeks notice of the commencement date of the shutdown. 10
5.1.8 Where you have insufficient leave to cover the entirety of the shutdown period, you
will be required to take unpaid leave for the remainder of the period, unless another
arrangement has been agreed to by us.
5.2 PERSONAL/CARER'S LEAVE
5.2.1 All permanent employees are entitled to 10 days paid personal/carer's leave for each
completed year of continuous service in accordance with the Fair Work Act 2009.
5.2.2 Casual employees are entitled to a maximum of 48 hours absence as unpaid leave in
accordance with the Fair Work Act 2009.
5.2.3 When accessing personal/carer's leave, you are required to :
(a) Contact your designated Manager by phone to advise of your absence as
early as practicable, but no later than 12 hours prior to the commencement of
your shift. Text messages, voicemails or other forms of communication will not
be acceptable forms of notification; and
{b) Provide your Manager with a medical certificate from a registered medical
practitioner immediately upon your return to work for any of the following:
• Absences immediately before or after a weekend, public holiday, or two
consecutive rostered days off;
• Single day absences in consecutive weeks;
• Any pattern of absences over multiple weeks; or
• At any other time as reasonably required by us.
5.3 OTHER LEAVE ENTITLEMENTS
5.3.1 You may be entitled to other forms of leave such as compassionate leave, parental
leave and long service leave, in accordance with the Fair Work Act 2009.
5.4 PUBLIC HOLIDAYS
5.4.1 This clause does not apply to Salaried Managers.
5.4.2 Due to the nature of the industry, you may be required to work on designated public
holidays.
5.4.3 When permanent employees are required to work on a designated public holiday,
permanent employees will be entitled to be paid at 250% of your hourly rate of pay as
prescribed within Schedule A.
11
5.1.8 Where you have insufficient leave to cover the entirety of the shutdown period, you will be required to take unpaid leave for the remainder of the period, unless another arrangement has been agreed to by us. 5.2 PERSONAL/CARER'S LEAVE 5.2.1 All permanent employees are entitled to 10 days paid personal/carer's leave for each completed year of continuous service in accordance with the Fair Work Act 2009. 5.2.2 Casual employees are entitled to a maximum of 48 hours absence as unpaid leave in accordance with the Fair Work Act 2009 5.2.3 When accessing personal/carer's leave, you are required to: (a) Contact your designated Manager by phone to advise of your absence as early as practicable, but no later than 12 hours prior to the commencement of your shift. Text messages, voicemails or other forms of communication will not be acceptable forms of notification; and (b) Provide your Manager with a medical certificate from a registered medical practitioner immediately upon your return to work for any of the following: · Absences immediately before or after a weekend, public holiday, or two consecutive rostered days off; Single day absences in consecutive weeks; Any pattern of absences over multiple weeks; or At any other time as reasonably required by us. 5.3 OTHER LEAVE ENTITLEMENTS 5.3.1 You may be entitled to other forms of leave such as compassionate leave, parental leave and long service leave, in accordance with the Fair Work Act 2009. 5.4 PUBLIC HOLIDAYS 5.4.1 This clause does not apply to Salaried Managers. 5.4.2 Due to the nature of the industry, you may be required to work on designated public holidays. 5.4.3 When permanent employees are required to work on a designated public holiday, permanent employees will be entitled to be paid at 250% of your hourly rate of pay as prescribed within Schedule A. 11
5.4.4 When casual employees are required to work on a designated public holiday, casual
employees will be entitled to be paid at 275% (inclusive of casual loading) of the
permanent hourly rate of pay.
PART 6 TERMINATION OF EMPLOYMENT AND REDUNDANCY
6.1 TERMINATION OF EMPLOYMENT
6.1.1 Termination by Us
(a) If we are required to terminate your employment (other than a casual
employee) we shall give you at least the following notice:
Period of continuous service Period of notice
1 year or less 1 week
Over 1 year and up to the completion of 3 years 2 weeks
Over 3 years and up to the completion of 5 years 3 weeks
Over 5 years 4 weeks
(b) In addition to the notice in cause 6.1.1 above, if you are over 45 years of age
at the time of us giving you the notice and have at least 2 years continuous
service, you shall be entitled to an additional 1 weeks' notice.
(c) We may elect to pay you in lieu of the above notice either in part or in full .
(d) The period of notice in this clause shall not apply in the case of dismissal for
conduct that justifies summary dismissal, or in the case of casual employees,
or employees engaged for a specific period, of time or for a specific task or
tasks.
(e) We may terminate a casual employee's employment at any time by giving you
1 hours' notice.
6.1.2 Termination by You
(a) You are required give your resignation to us in writing
(b) You are required to provide us with the same amount of notice of termination
that we would give you above, except that there shall be no additional notice
based on your age.
(c) If you fail to provide us with the relevant period of notice, you agree and
authorise any deduction from your termination payments equal to the relevant
period of notice and you acknowledge that the deduction is reasonable by
virtue of the fact that you owe us monies.
6.1.3 Summary dismissal
12
5.4.4 When casual employees are required to work on a designated public holiday, casual employees will be entitled to be paid at 275% (inclusive of casual loading) of the permanent hourly rate of pay. PART 6 TERMINATION OF EMPLOYMENT AND REDUNDANCY 6.1 TERMINATION OF EMPLOYMENT 6.1.1 Termination by Us (a) If we are required to terminate your employment (other than a casual employee) we shall give you at least the following notice: Period of continuous service Period of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years 4 weeks (b) In addition to the notice in cause 6.1.1 above, if you are over 45 years of age at the time of us giving you the notice and have at least 2 years continuous service, you shall be entitled to an additional 1 weeks' notice. (c) We may elect to pay you in lieu of the above notice either in part or in full. (d) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies summary dismissal, or in the case of casual employees, or employees engaged for a specific period, of time or for a specific task or tasks. (e) We may terminate a casual employee's employment at any time by giving you 1 hours' notice. 6.1.2 Termination by You (a) You are required give your resignation to us in writing (b) You are required to provide us with the same amount of notice of termination that we would give you above, except that there shall be no additional notice based on your age. (c) If you fail to provide us with the relevant period of notice, you agree and authorise any deduction from your termination payments equal to the relevant period of notice and you acknowledge that the deduction is reasonable by virtue of the fact that you owe us monies, 6.1.3 Summary dismissal 12
(a) Notwithstanding the prov1s1ons of clause 6.1.1, we shalf have the right to
dismiss you without notice for conduct that justifies instant dismissal, including
but not limited to:
theft,
wilful damage to Burger Urge property,
assault, threatening or abusive conduct towards other employees or
customers,
• serious neglect of your duty,
dishonesty or fraud ,
attending for work under the influence of drugs or alcohol, using drugs or
drinking alcohol whilst on duty,
unlawful or reckless operation of a Burger Urge vehicle;
any serious breach or repeated failure to comply with any legislation
including state food safety legislation , or
any failure to follow reasonable and lawful directions.
6.1.4 Absenteeism
(a) If you fail to attend a rostered shift without authorisation by us and without
notifying us, you will be deemed to have abandoned your employment and
resigned from your employment effective from your last working day, unless
you can provide us with reasonable evidence to the contrary.
(b) We will endeavour to make reasonable efforts to contact you prior to
processing your resignation.
6.1.5 Return of Company Property
Upon your cessation of employment for any reason, your final payment will be made
to you upon the return of all company property to us including, but not limited to,
phones, vehicles, keys, passwords and any confidential information, which may be in
your possession.
6.2 CONFIDENTIALITY
You shall not at any time either before or after the termination of your employment
with us, use, disclose or communicate to any person whatsoever any confidential
information relating to the business of Burger Urge or associated companies thereof
or their affairs or any trade secrets, confidential operations or processes of which you
have or may have become aware during your employment with us except in the
proper course of the business or as authorised in writing by us or as ordered by a
Court of competent jurisdiction .
6.3 REDUNDANCY
6.3.1 Any redundancy process and payments will be in accordance with the Fair Work Act
2009.
13
(a) Notwithstanding the provisions of clause 6.1.1, we shall have the right to dismiss you without notice for conduct that justifies instant dismissal, including but not limited to: theft .. wilful damage to Burger Urge property, assault, threatening or abusive conduct towards other employees or customers, serious neglect of your duty, dishonesty or fraud, attending for work under the influence of drugs or alcohol, using drugs or drinking alcohol whilst on duty, unlawful or reckless operation of a Burger Urge vehicle; any serious breach or repeated failure to comply with any legislation including state food safety legislation, or any failure to follow reasonable and lawful directions. 6.1.4 Absenteeism (a) If you fail to attend a rostered shift without authorisation by us and without notifying us, you will be deemed to have abandoned your employment and resigned from your employment effective from your last working day, unless you can provide us with reasonable evidence to the contrary. (b) We will endeavour to make reasonable efforts to contact you prior to processing your resignation. 6.1.5 Return of Company Property Upon your cessation of employment for any reason, your final payment will be made to you upon the return of all company property to us including, but not limited to, phones, vehicles, keys, passwords and any confidential information, which may be in your possession. 6.2 CONFIDENTIALITY You shall not at any time either before or after the termination of your employment with us, use, disclose or communicate to any person whatsoever any confidential information relating to the business of Burger Urge or associated companies thereof or their affairs or any trade secrets, confidential operations or processes of which you have or may have become aware during your employment with us except in the proper course of the business or as authorised in writing by us or as ordered by a Court of competent jurisdiction. 6.3 REDUNDANCY 6.3.1 Any redundancy process and payments will be in accordance with the Fair Work Act 2009. 13
PART 7 SUPPLEMENTARY TERMS AND CONDITIONS
7.1 CONSULTATION
7 .1.1 This clause applies if:
(a) We have made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to our enterprise that
is likely to have a significant effect on you; or
(b) We propose to introduce a significant change to the regular roster or ordinary
hours of work of employees.
Major Change
7 .1.2 For a major change referred to in paragraph 7 .1.1 (a):
(a) We must notify the relevant employees of the decision to introduce the major
change; and
(b) subclauses 7.1.3 to 7.1.9 apply.
7 .1.3 The relevant employees may appoint a representative for the purposes of the
procedures in this clause.
7.1.4 If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise us of the identity of the representative;
we will recognise the representative .
7 .1.5 As soon as practicable after making our decision, we will :
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures we are taking to avert or mitigate the adverse effect of
the change on the employees; and
(b) for the purposes of the discussion - provide, in writing, to the relevant
employees:
14
(i) all relevant information about the change including the nature of the
change proposed; and
PART 7 SUPPLEMENTARY TERMS AND CONDITIONS 7.1 CONSULTATION 7.1.1 This clause applies if: (a) We have made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to our enterprise that is likely to have a significant effect on you; or (b) We propose to introduce a significant change to the regular roster or ordinary hours of work of employees. Major Change 7.1.2 For a major change referred to in paragraph 7.1.1(a): (a) We must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 7.1.3 to 7.1.9 apply. 7.1.3 The relevant employees may appoint a representative for the purposes of the procedures in this clause. 7.1.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise us of the identity of the representative; we will recognise the representative. 7.1.5 As soon as practicable after making our decision, we will: (a) discuss with the relevant employees: (i) the introduction of the change; and (in) (iii) the effect the change is likely to have on the employees; and measures we are taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion - provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and 14
(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.
7.1.6 However, we are not required to disclose confidential or commercially sensitive
information to the relevant employees.
7 .1. 7 We will give prompt and genuine consideration to matters raised about the major
change by the relevant employees.
7.1.8 If a clause in this Agreement provides for a major change to production , program,
organisation, structure or technology in relation to the enterprise of us, the
requirements set out in subclauses 7.1.2(a), 7.1 .3 and 7.1.5 are taken not to apply.
7 .1 .9 In this term, a major change is likely to have a significant effect on employees if it
results in:
• the termination of the employment of employees; or
• major change to the composition, operation or size of our workforce or to the
skills required of employees; or
• the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
• the alteration of hours of work; or
• the need to retrain employees; or
the need to relocate employees to another workplace; or
• the restructuring of jobs.
Change to regular roster or ordinary hours of work
7 .1 .1 0 For a change referred to in paragraph 7 .1.1 (b):
(a) we will notify the relevant employees of the proposed change; and
(b) subclauses 7.1.11 to 7.1.15 apply.
7 .1.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term .
7.1 .12 If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
we will recognise the representative.
7 .1 .13 As soon as practicable after proposing to introduce the change, the Employer must:
15
(ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 7.1.6 However, we are not required to disclose confidential or commercially sensitive information to the relevant employees. 7.1.7 We will give prompt and genuine consideration to matters raised about the major change by the relevant employees. 7.1.8 If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of us, the requirements set out in subclauses 7.1.2(a), 7.1.3 and 7.1.5 are taken not to apply. 7.1.9 In this term, a major change is likely to have a significant effect on employees if it results in: the termination of the employment of employees; or major change to the composition, operation or size of our workforce or to the skills required of employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain employees; or the need to relocate employees to another workplace; or the restructuring of jobs. Change to regular roster or ordinary hours of work 7.1.10 For a change referred to in paragraph 7.1.1(b): (a) we will notify the relevant employees of the proposed change; and (b) subclauses 7.1.11 to 7.1.15 apply. 7.1.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 7.1.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; we will recognise the representative. 7.1.13 As soon as practicable after proposing to introduce the change, the Employer must: 15
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion-provide to the relevant employees :
(i) all relevant information about the change, including the nature of
the change; and
(ii) information about what we reasonably believe will be the effects of
the change on the employees; and
(iii) information about any other matters that we reasonably believe are
likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
7.1.14 However, we are not required to disclose confidential or commercially sensitive
information to the relevant employees.
7 .1.15 We will give prompt and genuine consideration to matters raised about the change by
the relevant employees.
7.1.16 In this clause, relevant employees means the employees who may be affected by the
major change.
7.2 DISPUTE RESOLUTION PROCEDURE
7.2.1 If a dispute relates to :
(a) a matter arising under the agreement; or
(b) the National Employment Standards;
this term sets out procedures to settle the dispute.
7 .2.2 A party to the dispute may appoint a representative for the purposes of the
procedures in this term .
7 .2.3 In the first instance, the parties to the dispute must try to resolve the dispute at the
workplace level, by discussions between you or the employees and the relevant
Managers and/or the owners.
7.2.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute
may refer the matter to Fair Work Commission.
7 .2.5 The Fair Work Commission may deal with the dispute in two (2) stages:
16
(a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of (ii) the change; and information about what we reasonably believe will be the effects of the change on the employees; and (iii) information about any other matters that we reasonably believe are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 7.1.14 However, we are not required to disclose confidential or commercially sensitive information to the relevant employees. 7.1.15 We will give prompt and genuine consideration to matters raised about the change by the relevant employees. 7.1.16 In this clause, relevant employees means the employees who may be affected by the major change. 7.2 DISPUTE RESOLUTION PROCEDURE 7.2.1 If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. 7.2.2 A party to the dispute may appoint a representative for the purposes of the procedures in this term. 7.2.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between you or the employees and the relevant Managers and/or the owners. 7.2.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. 7.2.5 The Fair Work Commission may deal with the dispute in two (2) stages: 16
(a) the Fair Work Commission will first attempt to resolve the dispute as it
considers appropriate, including by mediation, conciliation, expressing an
opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage,
the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
A decision that Fair Work Commission makes when arbitrating a dispute is a decision
for the purpose of Div 3 of Part 5.1 of the Fair Work Act 2009. Therefore, an appeal
may be made against the decision.
7.2.6 While the parties are trying to resolve the dispute using the procedures in this clause:
(a) you must continue to perform your work as you would normally unless you
have a reasonable concern about an imminent risk to your health or safety;
and
(b) you must comply with a direction given by us to perform other available work
at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not
permit the work to be performed; or
(iii) the work is not appropriate for you to perform; or
(iv) there are other reasonable grounds for youto refuse to comply with
the direction.
7.2.7 The parties to the dispute agree to be bound by a decision made by Fair Work
Commission in accordance with this term.
7.3 FLEXIBILITY
7.3.1 Both parties to this Agreement may agree to make an individual flexibility
arrangement to vary the effect of terms of this Agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave loading.
(b) the arrangement meets the genuine needs of both parties in relation to 1 or
more of the matters mentioned in 7.3.1(a); and
(c) the arrangement is genuinely agreed to by both parties.
17
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: arbitrate the dispute; and make a determination that is binding on the parties. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Fair Work Act 2009. Therefore, an appeal may be made against the decision. 7.2.6 While the parties are trying to resolve the dispute using the procedures in this clause: (a) you must continue to perform your work as you would normally unless you have a reasonable concern about an imminent risk to your health or safety; and (b) you must comply with a direction given by us to perform other available work at the same workplace, or at another workplace, unless: (ii) the work is not safe; or applicable occupational health and safety legislation would not (iii) permit the work to be performed; or (iv) the work is not appropriate for you to perform; or there are other reasonable grounds for youto refuse to comply with the direction. 7.2.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 7.3 FLEXIBILITY 7.3.1 Both parties to this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if: (a) the agreement deals with 1 or more of the following matters. arrangements about when work is performed; (ii) overtime rates; (iii) ( iv ) penalty rates; allowances; and (v ) leave loading. (b) the arrangement meets the genuine needs of both parties in relation to 1 or more of the matters mentioned in 7.3.1(a); and (c) the arrangement is genuinely agreed to by both parties. 17
7.3.2 We will ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in you being better off overall than you would be if no arrangement was
made.
7.3.3 We will ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and employee; and
(c) is signed by the Employer and employee and if the employee is under 18
years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement;
and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
(e) states the day on which the arrangement commences.
7.3.4 We will give you a copy of the individual flexibility arrangement within 14 days after it
is agreed to.
7 .3.5 Either party may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement; or
(b) if both parties agree, in writing- at any time.
18
7.3.2 We will ensure that the terms of the individual flexibility arrangement. (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in you being better off overall than you would be if no arrangement was made. 7.3.3 We will ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and employee; and (c) is signed by the Employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) (iii) how the arrangement will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 7.3.4 We will give you a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.3.5 Either party may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if both parties agree, in writing - at any time. 18
PART 8 SIGNATURES
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of the Employees of the Employers
i1tl~ ·Jf t::mplcyee Represente~t1vc
J 0 &ertr~~u f, f·L~L. '"H /-l; 1/. 4-1 fl I
.i',ddress of Emp(oyee{presentat1ve
18
Name of VVitness
1BLOC: LETTF~S:
Tit/F ·.f INitnP.ss
PART 8 SIGNATURES DATED 29 day of JUNE 2015 SIGNe I lor and on ge alf of employers. Narinder hister Signature of Auller sec Representative KARINDER RISHI TRENTON COLBY CARTHEW Name of Authorised Representaove Name of Witness (BLOCK LETTERS, (BLOCK LETTERS) DIRECTOR BURGER URGE KELUN GROUPE DIRECTOR BURGER URGE PTY LTD Tile of Authorised Representative (Rist group) Tille of Withess Shop 20, 8 Carraway Street, Kelvingrove 26 DOUER ST WILSTON Address of Authorised TOpresentative Address of Witness SIGNED for and on behalf of the Employees of the Employers Signature of Employee Representative Signature of Witness TULLY GRIMLEY Martin Louis Joseph Péril Name of Employee Representative Name of Witness (BLOCK LETTERS) BLOCK LETTERS; Crew member TRAINING MANAGER Title of Employee Representative Title of Witness 30 Gertrudest, Highgate Hill, 4101 PoBox 2700 New Farm QCO 4005 Address of Employee Representative Address of Witness 19
SCHEDULE A
Permanent Rates of Pay per Hour
Cert Ill Trainee Rate $ 17.11
Cert IV Trainee Rate $ 18.46
Crew Member $ 20.97
Team Leader $ 20.97
Annual Salary rates of pay
Assistant Manager $ 45,393
Manager $ 49,932
20
SCHEDULE A Permanent Rates of Pay per Hour Cert III Trainee Rate $ 17.11 Cert IV Trainee Rate $ 18.46 Crew Member $ 20.97 Team Leader $ 20.97 Annual Salary rates of pay Assistant Manager $ 45,393 Manager $ 49,932 20
SCHEDULE B
The Employers covered by this Agreement are:
o AKN International Pty Ltd;
• EC International Pty Ltd;
Haussmann & Rockwell Pty Ltd;
• Kalley Enterprises Pty Ltd;
Rishi Group Pty Ltd;
• Sonic Foods Pty Ltd;
Empire 87 Pty Ltd;
• Jewelry Three Pillars Pty Ltd;
o A.C.N. 600 042 082 Pty Ltd;
• BU Crestwood Pty Ltd;
• DLM Pty Ltd; and
o Table 11 & Co Pty Ltd.
21
SCHEDULE B The Employers covered by this Agreement are: AKN International Pty Ltd; EC International Pty Ltd; Haussmann & Rockwell Pty Ltd; Kalley Enterprises Pty Ltd; Rishi Group Pty Ltd; Sonic Foods Pty Ltd; Empire 87 Pty Ltd; Jewelry Three Pillars Pty Ltd; A.C.N. 600 042 082 Pty Ltd; BU Crestwood Pty Ltd; DLM Pty Ltd; and Table 11 & Co Pty Ltd. 21
FAIR WORK REGULATIONS 2009 - SCHEDULE 2.3
Model consultation term
(regulation 2.09)
Model consultation term
(1) This term applies if the employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that is likely to
have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of
work of employees.
Major change
(2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the decision to introduce
the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(4) If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
(5) As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect
of the change on the employees; and
(b) for the purposes of the discussion--provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the employees;
and
(iii) any other matters likely to affect the employees.
(6) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
(8) If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer, the
requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.
(9) In this term, a major change is likely to have a significant effect on employees if
it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer's
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the proposed change;
and
(b) subclauses (11) to (15) apply.
(11) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(12) If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
(13) As soon as practicable after proposing to introduce the change, the employer
must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion--provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change; and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring responsibilities).
(14) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
(16) In this term:
"relevant employees" means the employees who may be affected by a change referred to in
subclause (1).
UNDERTAKING
A.C.N. 600 042 082 PTY L TO (T/A BURGER URGE)
BURGER URGE ENTERPRISE AGREEMENT 2015
AG2015/3730
The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urge) makes the following
undertaking in relation to the Burger Urge Enterprise Agreement 2015 (the Agreement).
1. Employees will not be rostered to work more than 3 hours on a weekend without first
having worked 11.5 hours during the same week (Monday to Friday).
DATED at this
Signed for and on behalf of
A.C.N. 600 042 082 Pty Ltd .
···· · · ····· · ·~·········· ·· ···· · ·· · · · · ··
Signature ·~~t·h~ rised Representative
.... 9:(~.~ .. .. ~~f..~(0.~~ ·· · ·
Name of Authorised Representative
(BLOCK LETTERS)
DlRCoOZ ·········· ··· ···························· ··· ·· ···
Title of Authorised Representative
18th day of September 2015
................. £? .......... .. .
Signature of Witness
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Name of Witness
(BLOCK LETTERS)
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Address of Authorised Representative
UNDERTAKING A.C.N. 600 042 082 PTY LTD (T/A BURGER URGE) BURGER URGE ENTERPRISE AGREEMENT 2015 AG2015/3730 The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urge) makes the following undertaking in relation to the Burger Urge Enterprise Agreement 2015 (the Agreement). 1. Employees will not be rostered to work more than 3 hours on a weekend without first having worked 11.5 hours during the same week (Monday to Friday), DATED at this 18th day of September 2015 Signed for and on behalf of A.C.N. 600 042 082 Pty Ltd. Signature of Authorised Representative Signature of Witness CHRIS SCHAFFERIUS MATTHEW ROBERTS Name of Authorised Representative Name of Witness (BLOCK LETTERS) (BLOCK LETTERS) DIRECTOR Title of Authorised Representative 43 HIGH STREET, LARGS NOW 2320 Address of Authorised Representative
UNDERTAKING
A.C.N. 600 042 082 PTY LTD (T/A BURGER URGE)
BURGER URGE ENTERPRISE AGREEMENT 2015
AG2015/3730
The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urge) makes the following
undertaking in relation to the approval of the Burger Urge Enterprise Agreement 2015 (the
Agreement).
1. Employees undertaking a Cert. II training arrangement shall be paid the applicable
Cert. Ill training rate contained in Schedule A of the Agreement.
DATED at this
Signed for and on behalf of
A.C.N. 600 042 082 Pty Ltd.
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Name of Authorised Representative
(BLOCK LETTERS)
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Title of Authorised Representative
181
h day of August 2015
Signature of Witness
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Name of Witness
(BLOCK LETTERS)
. ~3 .. . IJI. ~.1~ .. $1.@;f.f.. ~ .~~.~~ .? NSw d3d-o
Address of Authorised Representative
UNDERTAKING A.C.N. 600 042 082 PTY LTD (T/A BURGER URGE) BURGER URGE ENTERPRISE AGREEMENT 2015 AG2015/3730 The Employer, A.C.N. 600 042 082 Pty Ltd (T/A Burger Urge) makes the following undertaking in relation to the approval of the Burger Urge Enterprise Agreement 2015 (the Agreement). 1. Employees undertaking a Cert. Il training arrangement shall be paid the applicable Cert. Ill training rate contained in Schedule A of the Agreement. DATED at this 18th day of August 2015 Signed for and on behalf of A.C.N. 600 042 082 Pty Ltd. Domaine of Authorised Ro Signature of Authorised Representative ...... Signature of Witness CHRIS SCHAFFERIUS MATTHEW ROBERTS Name of Authorised Representative Name of Witness (BLOCK LETTERS) (BLOCK LETTERS) DIRECTOR Title of Authorised Representative 43 HIGH STREET LARGS NSW 2320 Address of Authorised Representative
