A Ballarat teenager is taking on a multinational fast food giant, alleging young workers are missing out on penalty rates and modern conditions at some Subway franchises.
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According to Chantelle Zentveld, 17, she noticed a difference between her paycheques while working at one of the Ballarat Subway stores and at another fast food outlet - despite working more hours at the Subway, she said she was getting paid less.
"When I started working at Subway, I was told they pay above the fast food award. I can't even say that this was misleading; it is just blatantly untrue," she said in a statement.
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"People assume they are being treated fairly but are not."
This is because the enterprise agreement the workers signed was originally written in 2011, and was supposed to expire in 2015.
Conditions in the agreement show casual workers are entitled to a 20 per cent loading, which is below the 25 per cent loading in the current Fast Food Workers Award.
The agreement, with franchise management company Independent Purchasing Company Asia-Pacific, is used by about 60 franchisees, including one in Ballarat - it's understood not all Subway stores are associated with the IPCA.
The IPCA referred questions to Subway.
The current enterprise agreement, and the current award, are available to view online at the Fair Work Commission website.
Ms Zentveld, with support from the Shop, Distributive, and Allied Employees' Association, is taking the company to the Fair Work Commission, seeking to terminate the current agreement, which could then move employees back to the current award.
The 'zombie' agreement should be removed immediately, SDA national secretary for retail, fast food, warehouse and online retail workers Gerard Dwyer said in a statement.
"This shocking case highlights a broken workplace bargaining system trapping thousands of teenagers on these zombie union agreements," he said in a statement.
"Current industrial laws intimidate young, non-unionised workers into accepting sub-standard wages.
"The SDA is working with members to terminate these agreements and give workers the wages they deserve."
In response, a Subway spokesperson said any claims of underpayment would be investigated.
"Anyone working in a Subway restaurant is entitled to fair pay and conditions, and Subway has zero tolerance for deliberate wage theft," they said in a statement.
"All enterprise agreements are approved by the Fair Work Commission and can lawfully operate until a party applies to end the agreement.
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"Subway undertakes proactive audits of franchisee employment records and has stringent internal workplace review requirements for franchisees. Failure to meet the law will result in enforcement action, including possible termination of a franchise agreement.
"Franchisees are provided with regular education and information about their responsibilities as employers, as well as access to employment support services. A dedicated hotline is also available for restaurant workers to report any concerns."
The case will have a procedural mention at the FWC on Wednesday.
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