The workplace tribunal has raised extraordinary concerns that one of Queensland’s biggest hospitality groups may have lied to get approval of an agreement that allowed its workforce to opt out of all their penalty rates.
A full bench of the Fair Work Commission flagged on Tuesday it will order Mantle Group’s human resources chief to give evidence after the company “extraordinarily” refused to answer questions about whether he deliberately made false statements to the commission in support of the “opt-out” deal.The commission’s concerns include that the few employees who did sign off on the deal were really managers or human resources staff who may not have even been covered by the agreement.
A spokeswoman for Mantle said: “We deny any allegations of dishonesty or impropriety and any allegations of such a nature will be vehemently defended.”more than two decadesHowever, when the union sought to terminate that agreement last year, the group made a new deal known as the Hot Wok Food Makers agreement with just five staff members, but it was used to cover its wider workforce.
The bench asked Mantle to confirm the employees’ positions in a statutory declaration by this week and explain how it could have said they fell within the classifications covered by the Hot Wok agreement.But Mantle failed to comply with the request and its lawyers instead told the commission it would withdraw its application to approve the agreement if the union’s appeal was upheld.
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