Fair Work Australia holds back Gasp
Fair Work Australia holds back GaspGasp Jeans is the latest fashion retailer to land in hot water over its workplace relations policy.
Federal workplace tribunal Fair Work Australia (FWA) has dismissed a single enterprise agreement approval application by the company, after determining its employees would be worse off under the new system. Gasp Jeans was required to prove its employees would be “better off” under the proposed agreement and not the existing Modern Award for retail businesses, which was introduced in January last year.
In handing down the dismissal, Commissioner Anne Gooley said there were a “significant number” of terms which would disadvantage employees. Gooley said the agreement did not detail annual leave loading, casual loading and penalties for working Saturday, Sunday, public holidays or night shifts. The agreement did not provide for notice of change of roster, rest breaks, higher duties, breaks between work, any allowances or accident make up pay.
“Casual employees are worse off under the agreement as they do not get paid a casual loading and do not have a minimum call,” Gooley said. “Further under the award, casual employees are paid a loading of 100 per cent for working on Sunday. No such loading exists under the agreement.”
Gooley also found certain terms did not comply with the government’s National Employment Standards (NES), which were introduced last year and provide 10 minimum entitlements for all employees. This included the agreement’s proposal to provide a loaded rate for employees in lieu of annual leave and personal leave. It also included a term which set that probationary employees could be terminated without notice, also a contravention of the NES.
Gasp Jeans managing director Eddie Yilmaz declined to comment on the application dismissal. Gasp Jeans is not the first chain retailer to land in hot water under new workplace laws, with Fast Future Brands, parent company of fast fashion firms Valleygirl and Tempt, ordered to provide a female staff member with nine months of back pay late last year.
Assia Benmedjdoub