Fair Work Australia rejects Bakers Delight Agreement
After a months long process, Fair Work Australia has finally refused to approve a Bakers Delight Enterprise Agreement. The agreement would have covered the Diamond Creek, St Helena and Laurimar stores in Melbourne’s northern suburbs.
UNITE, the fighting union for fast food and retail workers, had challenged the agreement in Fair Work Australia claiming that it left the young workforce disadvantaged because it undermined many Award conditions.
In her decision Senior Deputy President Drake said: “I am not satisfied that the Agreement passes the Better Off Overall Test. I have residual concerns regarding allowances, accident makeup pay and other award benefits, as well as the loaded rate of pay which compensates for annual leave and personal leave. On balance I am not satisfied that employees would be better off overall under the terms of this Agreement.”
UNITE Secretary Anthony Main said “After failing to negotiate in good faith, the employer dishonestly pushed through this agreement with the help of bullying and lies. UNITE had no option but to challenge its validity.
“The employer wanted a casual workforce without having to pay the casual rates. He tried to remove penalty rates, annual leave and sick pay.
“Even though all of the workers are employed on a permanent basis, they would have had no guaranteed hours under this agreement. To top it all off there were no pay increases included.
“We welcome SDP Drake’s decision but a further problem remains. At the moment these workers are still covered by an old non-union agreement that includes the same disadvantages that were rejected by SDP Drake. Right now these young workers are legally being paid significantly less than the Award.
“While there is a lot of talk about the possibility of Tony Abbott bringing back Work Choices, for these workers Work Choices is still very much in place.
“UNITE has lodged an application for the old agreement to be terminated and for the workers to be brought back onto the Award. We hope that Fair Work Australia recognises that it is in the public interest for these young workers to be afforded industry standard conditions.” Anthony said.
To read SDP Drake’s full decision click here.
My son was employed as an “apprentice baker” at Baker’s Delight (Reservoir) and was underpaid by $1600 in 3 weeks of employment. Mainly this was down to non-payment of penalty rates, payment of apprentice rates when he was never in fact registered as an apprentice by the employer, and failure to pay for 38 hours a week when he was employed as a full time worker. We had to threaten to go to the Fair Work Ombudsman to get the money. The employer was very willing to pay when this threat was made from which I conclude that everyone was being ripped off and it lived in fear of an investigation by the FWO. Surely it is time for such an investigation.