Young workers take Mantle Group Hospitality to Fair Work Commission to overturn ‘zombie agreement’

Two young workers are taking on a Queensland hospitality giant over a “zombie agreement” and if successful, 300 others are set to benefit through higher pay and better conditions.

Two young workers are taking Queensland’s largest hospitality employer to the Fair Work Commission in a bid to get better pay and conditions for hundreds of young employees.

Alex Knott, 20, and Henry Thom, 25, who have both worked for Brisbane-based food and drink empire Mantle Group Hospitality, want to overturn a 22-year-old workplace “zombie agreement’’.

Law firm Maurice Blackburn, which is representing the two United Workers Union members, said if they were successful about 300 Mantle Group Hospitality workers could benefit through higher pay and conditions.

MHG, owned by millionaire Godfrey Mantle, run many well known venues, including several Pig ‘N’ Whistle British pubs and Jimmy’s on the Mall in Brisbane’s Queen St Mall.

It is claimed that under the zombie agreement, the two young workers were underpaid weekly and public holiday penalty rates, allowances, superannuation and other entitlements.

Alex Knott is taking Mantle Group Hospitality to the Fair Work Commission. Picture: David Clark

Mr Knott, who worked for Milano restaurant, in Brisbane’s Queen St Mall, for more than a year said he was effectively dismissed after he complained about being underpaid and his casual shifts were cut.

“I inquired about my workplace rights. I felt I was being underpaid and it turned out I was,’’ Mr Knott, who is now studying engineering at university, said.

He said he loved working for Milano and had no complaints about those he worked with, but he should have been getting a higher rate of pay because he was working with alcohol, as a junior.

Mr Knott claims he was paid entry-level wages, despite working in the hospitality industry for almost five years.

Henry Thom is fighting for better pay and conditions for hundreds of young workers. Picture Supplied

It is claimed that misclassification of his role meant he was left out of pocket by about $7000 over the year, but has since had some money repaid.

“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 eight dollars an hour more,’’ he said.

Mr Knott said his decision to go to Fair Work Commission was not about money, but about getting rid of the zombie agreements so other young workers could have better entitlements.

“The agreement I and many others were employed under was supposed to advantage employees, but the terms were so outdated it was an advantage for the employer,’’ he said.

“I’m seeking justice, to have the agreement removed.

Henry Thom has been employed as a casual duty manager at Jimmy’s On The Mall since May, 2019.

Alex Knott with members of the Young Workers Hub in Brisbane. Picture: David Clark

Martin De Rooy of the Young Workers Hub said Mantle Group had taken advantage of its zombie agreements at the expense of young workers’ pay and conditions.

Maurice Blackburn principal Giri Sivaraman said 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,’’ Mr Sivaraman said.

“Awards are the safety net for employees and collective agreements are meant to provide better conditions, yet here we have the opposite occurring.

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

In January, Katarzyna Group, which owns Brisbane’s Cloudland nightclub, was ordered by a Fair Work Commissioner to pay penalty rates to its hundreds of staff.

Some employees had applied to have a WorkChoices “zombie agreement’’ terminated.

Commissioner Jennifer Hunt said employees were becoming increasingly aware of “zombie agreements’’ that denied them penalty rates.

She said if employers were enjoying a comparative benefit in reduced wages by applying very old agreements that did not provide for penalty rates nearly equivalent to the modern award, “the clock is essentially ticking for those agreements’’.

A Mantle Group Hospitality spokeswoman said the certified agreement used by the company was a legally valid employment instrument and the company had complied with it at all times.

The business had employed thousands of staff under the SSE Certified Agreement, including many who had been with the business for more than 10 years.

The Fair Work Ombudsman had completed thorough inquiries into MGH’s payroll records and sought views of current and former employees and there had been no adverse findings or breaches.