But Ms. Lindon later discovered that the original contract she signed was using an outdated enterprise agreement that allowed Subway to pay for it according to the wage rules that had come into effect 13 years earlier. A Subway spokesperson responded to questions by saying that franchisees were the “face of Subway” and had to respond to regulatory, financial, employment and employment reports. Franchisees receive regular training and information about their responsibilities as employers and access to employment assistance services. A special hotline is also available for restaurant employees to report concerns. Registered contracts apply until they are terminated or replaced. “It`s a disgrace. If an agreement exists, what is the meaning of an expiration date if these expiry dates do not terminate the contract. At this point, it should go back to what the price is,” he said. Breakfast also sought a response from Attorney General Christian Porter: The government is concerned about the reduction in the number of new and renewed enterprise agreements and will invite bids in 2020 in response to a discussion paper on the subject. Felicity Sowerbutts of the Young Workers Centre stated that Subway employees complained about underpayment, the use of “the age of choice of work” agreements, the absence of penalties, and physical and verbal harassment.
In 2009, the Fair Work Act established a better comprehensive test (BOOT) for all new enterprise agreements, a procedure overseen by the FWC but which only applies when the agreement is approved. In the first case, enterprise agreements containing expiry data are not automatically cancelled and remain continuous, unless they are terminated by the employee. And while employers must keep track of annual wage increases for the minimum wage made by the government, it only applies to the basic hourly rate in an enterprise agreement. Felicity Sowerbutts is director of the Young Workers Centre union in Melbourne and said Subway franchises were known to employ workers with outdated agreements. Queensland`s father Andrew said nine.com.au this is exactly what happened to his daughter, who still works in a subway shop and is employed as part of a 2011 enterprise agreement. In accordance with the enterprise agreement of Andrew`s subsidiary, which was seen by nine.com.au, employees first obtained a higher base rate and hourly rate to compensate for the fact that they do not receive weekend or vacation penalties, and thus passed the BOOT test. When Caitlin Lindon started at 18 at a Melbourne subway store, she did not know that the operating contract under which she had been hired had been negotiated more than 10 years ago.