Log in or become a subscriber

The Fair Work Commission has recommended a chief HR officer be referred to the police for knowingly providing false and misleading information to support an enterprise agreement's approval.

In May last year, the United Workers' Union appealed an FWC decision approving (with undertakings) the Hot Wok Food Makers Pty Ltd Workplace Agreement, claiming it didn't satisfy the better-off-overall test and wasn't genuinely agreed to by relevant employees.

The appeal was lodged out of time, a week after the Commission terminated the "archaic" EA of Staff Services, an associated company of Hot Wok.

In that decision, the Commission heard that when parent company Mantle Group Hospitality heard workers were complaining about the Staff Services agreement, it offered them the Hot Wok agreement to sign. The FWC noted, however, that the Hot Wok EA allowed employees to "voluntarily" agree to work without penalty rates and "could never satisfy the BOOT"...