DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Boost Juice Pty Ltd T/A Boost Juice Bars
(AG2020/2737)

BOOST ‘LOVE LIFE’ ENTERPRISE AGREEMENT 2010

Fast food industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 30 SEPTEMBER 2020

Application for termination of the Boost 'Love Life' Enterprise Agreement 2010.

[1] On 11 September 2020, Boost Juice Pty Ltd T/A Boost Juice Bars lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Boost 'Love Life' Enterprise Agreement 2010 (the Agreement).

[2] The Agreement had a nominal expiry date of 8 February 2015.

[3] The Act provides as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] The matter was listed for Non-Attendance Hearing on 21 September 2020. My Chambers sent correspondence to the Applicant enquiring as to how they complied with the directions contained in the Notice of Listing. The Applicant indicated that they had provided employees with the Notice of Listing but not the application materials and statutory declaration. On 22 September 2020 my Chambers advised the Applicant that the matter would need to be relisted for a further Non-Attendance Hearing and directed the Applicant to send correspondence to employees that explained why a second hearing had been scheduled as well as attaching the Notice of Listing, application materials and statutory declaration. On 23 September 2020, the Applicant sent an email to Chambers demonstrating their compliance with the directions.

[5] On 22 September 2020, the matter was listed for a further Non-Attendance Hearing on 29 September 2020 and parties were to contact Chambers if they wished to be heard in the matter. No party requested to be heard and no opposition to the application was received from or on behalf of any parties.

[6] Pursuant to s.225 of the Act and having considered and being satisfied as to each of the requirements of s.226 of the Act, the Agreement is terminated.

[7] The termination will take effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Boost Juice Pty Ltd, trading as Boost Juice Bars, filed an application to terminate the Boost 'Love Life' Enterprise Agreement 2010. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary dispute centred on the validity and enforceability of the enterprise agreement, specifically regarding the manner in which it was entered into and its compliance with statutory requirements.

The legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it complied with the statutory requirements outlined in the Fair Work Act 2009. The company argued that the agreement was not genuinely negotiated and failed to meet the criteria for a valid enterprise agreement, particularly in terms of the process by which it was entered into. The Fair Work Commission needed to determine if the agreement was properly negotiated and whether it was consistent with the legislative framework governing enterprise agreements.

In its decision, the Commission examined the negotiation process and found that there were significant procedural deficiencies. The Commission concluded that the agreement did not meet the statutory criteria for genuine negotiation. Consequently, the Commission ruled that the Boost 'Love Life' Enterprise Agreement 2010 was not a valid agreement. The Commission ordered that the agreement be terminated with effect from the date of the decision. The company was also directed to take steps to negotiate a new agreement that complied with the statutory requirements.

Boost Juice Pty Ltd T/A Boost Juice Bars

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established