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Mantle Group to face Fair Work Commission

Two young workers have taken a Queensland hospitality giant to the Fair Work Commission, after being made to work in poor conditions on low wages.

user iconLauren Croft 28 March 2022 Big Law
Mantle Group to face Fair Work Commission
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In what’s being described as a “zombie agreement”, the Fair Work Commission is being urged to overturn the decades-long workplace agreement implemented by Queensland’s largest hospitality employer, the Mantle Group.

Mantle Group Hospitality (MGH) is owned by millionaire pub baron Godfrey Mantle and runs a number of venues in Queensland. The group has been repeatedly accused of wage theft by using outdated workplace agreements – dubbed “zombie agreements” – which include pay and conditions significantly less than the modern award.

Under this agreement, MGH workers – including United Workers Union members Alex Knott and Henry Thom – were underpaid weekend and public holiday penalty rates, allowances, including working late and working early, superannuation and other entitlements.

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Now, the pair have applied to the Fair Work Commission to have the zombie agreement overturned. If successful, approximately 300 MGH workers are expected to benefit through higher pay and better working conditions.

The pair are being represented by Australian plaintiff law firm Maurice Blackburn. Principal Giri Sivaraman said that whilst the case doesn’t have the potential to turn into a class action against MGH, the FWC would be asked to end the zombie agreements and allow MGH employees to go on to the award.

“It’s clearly not in the public interest to allow these agreements to continue. Awards are the safety nets for employees and collective agreements are meant to provide better conditions, yet here we have the opposite occurring,” he said.

“The zombie agreement undermines the award, [short changes] workers, and gives Mantle group an unfair competitive advantage. It’s time to end this agreement.”

Mr Knott, 20, was paid entry-level wages, despite working in the hospitality industry for over five years. It is estimated Mr Knott’s deliberate misclassification left him out of pocket about $7,000 over the year he worked part-time for the company.

“There is a lot of miss-classification of roles to keep wages low. My classification meant that I was to have constant supervision and no contact with customers, but I was working as front of house staff in a role that should have attracted $8 an hour more,” he said.

“Many Mantle employees know they are being ripped off, but the company uses these hard-to-understand agreements to baffle workers and basically just say ‘take it or leave it’. I can tell you the customers aren’t saving any money; the profits just go straight to the owners.”

Martin de Rooy of the Young Workers Hub said like a lot of hospitality employers, Mantle Group has taken advantage of its zombie agreements at the expense of young workers’ pay and conditions.

“These young workers are joining their Union and saying enough is enough – times up for this unfair, 22-year-old agreement,’’ Mr de Rooy said.

“This FWC application is significant given the treatment of hospitality workers throughout the pandemic. If you think you are covered by a zombie agreement the best thing to do is contact the Young Workers Hub or your Union.”

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