[2013] FWCA 5001 - SDA National

1 1 Fair Work Act 2009 - Application for approval of a single-enterprise agreementMcDonald's Australia Limited(AG2013/7236)MCDONALD'S AUSTRALIAENTERPRISE AGREEMENT2013 Fast food industryCOMMISSIONER BULLSYDNEY, 24 JULY 2013 Application for approval of the McDonald's Australia Enterprise agreement 2013 .[1]An application has been made for approval of an enterprise agreement known as the McDonald's Australia Enterprise agreement 2013 (the agreement ). The application was made pursuant to of the Fair Work Act 2009(the Act). The agreement is a single-enterprise agreement .[2]On 23 April 2013 , pursuant to of the Act, Deputy PresidentSamsissued a single interest employer authorisation[PR535937]. At AnnexureA to the authorisation each of the Applicants were listed as employers to be covered by the proposed agreement shall cover those employers listed at Annexure A of that Order. [3]The Commission wrote to the Applicant s representative and the Shop, Distributive and Allied Employees Association (SDAEA) being a bargaining representative for the agreement , with respect to employees engaged as level 4 employees being excluded from minimum breaks, overtime, penaltiesand early morning loadings.

2 [4]The Applicant s representative advised the Commissionthat level four employees will not be required to work without a 10hourbreak between engagements. [5]With respect to the non-payment ofovertime and other penalties to level 4 employees, the Company has provided indicative hoursworked and the rates payable indicatingthat level 4 employees without these modern award benefitswhich arefound in the Fast Food Industry Award 2010, being the relevant modern award for the purposes of the better off overall test will still be better off overall. [6]I am satisfied that each of the requirements of , 187 and 188 as are relevant to this application for approval have been met.[7]The SDAEA being a bargaining representative for the agreement , has given notice under of the Act that it wants the agreement to cover it. In accordance with (2) I note that the agreement covers this organisation.[ 2013 ] fwca 5001 DECISION[ 2013 ] fwca 50012[8]The agreement is approved.

3 In accordance with (1) the agreement will operate from 31 July 2013 . The nominal expiry date of the agreement is 24 June 2017. COMMISSIONERP rinted by authority of the Commonwealth Government Printer<Price code G, AE402596 PR539316>MCDONALD'S AUSTRALIA ENTERPRISE agreement 2013 1 Title This agreement shall be known as the McDonald's Australia Enterprise agreement 2013 (" agreement ") and is intended to be approved as an enterprise agreement under the Fair Work Act 2009. 2 Arrangement The agreement is arranged as follows: Clause .. Subject 1 Title .. 1 2 Arrangement .. 1 3 Definitions .. 2 4 Application .. 2 5 Nominal Expiry Date .. 2 6 The National Employment Standards .. 3 7 Award references .. 3 8 Consultation Term .. 3 9 Dispute Settlement Term .. 5 10 Individual Flexibility Term .. 5 11 Long Service Leave .. 6 12 Employment Categories .. 6 13 Full-Time Employees .. 6 14 Part-Time Employees .. 7 15 Casual Employment .. 8 16 Termination of Employment.

4 9 17 Redundancy .. 9 Classifications and Wage Rates .. 11 18 Classifications .. 11 19 Minimum Weekly Wages .. 12 20 Junior Rates .. 21 21 Allowances .. 21 22 Locality Allowances .. 23 23 Superannuation .. 28 24 Payment of Wages .. 29 25 Accident Make-up Pay (Victoria Only) .. 29 26 Supported Wage .. 30 Ordinary Hours of Work .. 31 27 Hours of Work .. 31 28 Overtime .. 31 29 Breaks during work periods .. 32 Leave and Public Holidays .. 33 30 Annual leave .. 33 31 Personal/Carers and Compassionate Leave .. 34 32 Public Holidays .. 35 33 Community Service Leave .. 36 34 Emergency Services Leave .. 36 35 Natural-Gisaster-Leave .. 37 36 Jury Service Leave .. 37 37 Unpaid Leave .. 37 38 Blood Donor Leave .. 38 39 Bone Marrow Donor Leave .. 39 40 Defence Forces Leave .. 39 41 Domestic Violence Leave .. 39 42 Parental Leave .. 40 43 Union Membership .. 41 44 Savings .. 41 Schedule A -Classifications .. 44 3 Definitions "Act" means the Fair Work Act 2009 (Cth), as amended or replaced from time to time.

5 "Employer" means McDonald's Australia Limited ABN 43 008 496 928 and the franchisees listed in Schedule 1 and any of their successors, and/or transmittees or assignees during the life of the agreement , operating in Australia. A reference in this agreement to "Employer" may be a reference to these entities individually or collectively, as is applicable in the circumstances. "Crew Trainer" means a Level 2 employee who has been appointed to the position of Crew Trainer or Coach by the Employer for the purposes of coaching and training other Level 2 employees as required by the Employer. A Crew Trainer will be required to complete the McDonald's Crew Trainer Development Program. "SOA" means the Shop, Distributive and Allied Employees' Association. "Shift Supervisor" means a Level 3 employee who has been appointed to the position of Shift Supervisor but does not include employees classified as managers, trainee managers or any other managerial position.

6 A Shift Supervisor will be required to complete the McDonald's Shift Supervisor Course. "Shift worker" means, for the purposes of this agreement , and the NES, an employee who is employed in a McDonald's restaurant in which shifts are continuously rostered 24 hours a day for 7 days a week, and the employee is regularly rostered to work those shifts, and the employee regularly works on Sunday or public holidays. "Weekly employee" means an employee who is employed as a full time or part time employee. "Standard rate" means the ordinary hourly rate of a level 2 employee. 4 Application This agreement shall apply to the Employer and all employees of the Employer engaged at the Employers' McDonald's restaurants around Australia, who are engaged in a classification which falls within the classification structure set out in Schedule A of this agreement . 5 Nominal Expiry Date This agreement shall commence on the later of 23 ~une 2013 or seven days after the dafe of approval by the Fair Work Commission.

7 The nominal expiry date of this agreement is 24th June 2017. 2 6 The National Employment Standards The National Employment Standards together with this agreement contain the minimum conditions of employment for employees covered by the agreement . The National Employment Standards ("the NES") is a set of legislated minimum employment entitlements. In summary, the NES currently provides the following: An average of 38 ordinary hours of work per week for full time employees; An employee with 12 months' service has a right to up to 12 months unpaid parental leave and the right to request an additional period of up to 12 months parental leave. The Employer can refuse the request for additional parental leave on reasonable business grounds; Four weeks' annual leave per annum for weekly employees with an additional week for certain continuous shift workers; Ten days' per annum paid personal/carer's leave for full time employees, and pro-rata for part-time employees; Two days' unpaid carer's leave per occasion for casuals and employees who have exhausted their paid carer's leave entitlements; Up to two days' paid compassionate leave per occasion; Paid jury service leave and unpaid leave for eligible community service activities; Long service leave; Public holidays; Notice of termination and redundancy pay, subject to certain exclusions; and The provision of a Fair Work Information Statement to new employees.

8 No term of this agreement will operate to exclude the NES or any provision of the NES, or be detrimental to an employee in any respect when compared with the NES. 7 Award references References in this agreement to the: (a) Restaurants Industry -McDonald's -South Australia / Northern Territory-Award 2000, Restaurants Industry -McDonalds's -Australian Capital Territory -Award 2000 the Fast Food Outlets Award 1990, the McDonald's -Shop, Distributive and Allied Employees' Association -Victoria -Award 2004, McDonald's -Shop, Distributive and Allied Employees' Association -NSW -Award 2006 and the Quick Service Food Outlets Award -State 2004 are references to the relevant Award as in force at 31 December 2009; and (b) Fast Food Industry Award 2010 are references to each Award as in force at the date on which the application for approval of this agreement is filed with the Fair Work Commission. 8 Consultation Term This term applies if: an Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to a McDonald's restaurant; and 3 the change is likely to have a significant effect on employees of the Employer.

9 The Employer must notify the relevant employees of the decision to introduce the major change. The Employer must notify and discuss with the SDA its decision to introduce the major change. The relevant employees may appoint a representative for the purposes of the procedures in this term. If: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the Employer of the identity of the representative; the Employer must recognise the representative. As soon as practicable after making its decision, the Employer must: 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 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.

10 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant employees. The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. If a term in the agreement provides for a major change to production, program, organisation, structure or technology in relation to the McDonald's restaurant operated by the Employer, the requirements set out in subclauses , , and are taken not to apply. 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 the Employer's workforce or to the skills required of employees; or the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or 4 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.