HR manager of Brisbane’s Mantle Group referred to AFP over Fair Work Commission submission

The human resources boss of the embattled Mantle Group Hospitality has been referred to the Australian Federal Police for investigation over allegations he gave “false and misleading information” to the Fair Work Commission.

The human resources boss of the embattled Mantle Group Hospitality has been referred to the Australian Federal Police for investigation over allegations he gave “false and misleading information” to the Fair Work Commission.

Earlier this month the FWC found Mantle Group Hospitality – which runs venues like Pig ‘n’ Whistle, South Bank’s The Charming Squire and Jimmy’s on the Mall in Queen Street – “systematically ripped off” its workers by not paying penalty rates.

In its published decision the commission said it was clear that the commission had relied upon misleading and false information from HR manager Darren Latham when it approved the company’s now defunct Hot Wok Agreement.

“It is clear that the Deputy President substantially relied on the matters asserted in Mr Latham’s Form F17 declaration in determining to approve the Hot Wok Agreement,” the full bench wrote in its decision.

Mantle Group Hospitality runs venues like the Pig ‘n’ Whistle pubs in Brisbane. Pics Tara Croser.

“As we have found, that declaration was false or misleading in a number of respects, including as to the purported information sessions, the voting process and the number of employees covered by the agreement. It is apparent that this was the result of deliberate conduct on the part of Mr Latham in that, having regard to his position, knowledge and experience and his role in the process of “making” the Hot Wok Agreement, he knew what the true position was but chose to misrepresent or falsify this in his declaration.”

In a letter to the United Workers Union and Maurice Blackburn Lawyers – who represented workers during the protracted legal battle over penalty rates – FWC General Manager Murray Furlong said he had referred the matter to the AFP.

“I am satisfied, based on the information available to me, that there are reasonable grounds to refer the matter to the Australian Federal Police (AFP) for investigation. I have referred the matter accordingly,” he wrote.

Maurice Blackburn principal lawyer Giri Sivaraman said he welcomed the decision to refer Mr Latham to the AFP, given he had allegedly misled the Tribunal “on matters that have detrimentally affected vulnerable workers”.

Jimmy's on the Mall.

Mantle Group on Wendnesday issued a response to the allegations.

“Mantle Group completely rejects the findings of the Fair Work Commission and believes the statements against Mr Latham are wrong and biased,” it said.

“Mr Latham is a man of the utmost integrity and has done nothing wrong. It is extraordinary that the union and others are attacking a worker for simply doing his job.

“Hot Wok has received advice from a leading barrister that the statements from the Fair Work Commission are erroneous and there is no basis to assert that Mr Latham has committed any offence or has otherwise acted inappropriately.

“Hot Wok is confident all decisions of the Fair Work Commission will be quashed by the Federal Court after it hears Hot Wok’s application that the Fair Work Commission was biased.”

Just last week The Courier-Mail reported that the hospitality giant forced 700-odd casual workforce onto a new agreement that still did not guarantee the payment of penalty rates.

New employment documents, seen by The Courier-Mail and given to employees on January 23, state that employment offered under the old agreement “Hot Wok Food Makers Pty Ltd” would end and workers would be offered new employment by KGS Staff Pty Ltd.

The offer of employment states: “the employee agrees that they will swap all designated public holidays to a date which may be designated by KGS from time to time. If the employee wishes to withdraw from this arrangement, they must notify KGS in writing”.

The agreement does not include a provision for workers to be paid penalty rates at weekends but a Mantle Group Hospitality spokeswoman said that employees were paid 25 per cent above the award wage.

The spokeswoman said they were offering the 225 per cent loading for casuals, despite what the offer of employment states.

“KGS Staff Pty Ltd casual employees will be paid a 225% loading on the award base rate for public holidays such as Australia Day. Permanent staff can choose to take a day in lieu as allowed by the EBA and Award and is common industry practice,” she said.

Mantle Group Hospitality has been contacted for comment regarding Mr Latham’s referral to the AFP.