CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patkirk Enterprises Pty Ltd T/A Boost Juice Victoria Gardens
(AG2016/2527)

BOOST PATKIRK ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2015

Fast food industry
DEPUTY PRESIDENT BULL	SYDNEY, 20 MAY 2016

Application for approval of the Boost Patkirk Enterprises Pty Ltd Enterprise Agreement 2015.

The decision issued by the Fair Work Commission on 20 May 2016 [2016] FWCA 3064 is corrected as follows:

1. By adding paragraph number [13] to the final paragraph above the signature.

2. By deleting the last sentence in the now paragraph [13] and replacing it with the following:

“The nominal expiry date of the Agreement is 20 May 2020.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boost Patkirk Enterprises Pty Ltd, trading as Boost Juice Victoria Gardens, applied to the Fair Work Commission for the approval of its 2015 enterprise agreement. This application was made under section 185 of the Fair Work Act 2009. The enterprise agreement in question pertains to the fast food industry and was submitted for approval by the Deputy President Bulls. The Fair Work Commission, in its decision dated 20 May 2016, addressed the application and subsequently issued a correction to its decision.

The legal issues before the court involved determining whether the Boost Patkirk Enterprises Pty Ltd Enterprise Agreement 2015 met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement complied with the provisions of the Act, including the requirements for good faith bargaining and the protection of employees' rights. The court also had to assess if the agreement provided adequate terms and conditions of employment that were fair and reasonable.

The Deputy President Bulls, in reviewing the agreement, found that it generally met the necessary criteria for approval. The court highlighted that the agreement provided for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The court noted that the agreement had been negotiated in good faith and that it adequately protected the rights of employees. However, the court made a correction to the nominal expiry date of the agreement, changing it to 20 May 2020. This correction was made to accurately reflect the terms of the agreement as intended by the parties.

The Fair Work Commission approved the Boost Patkirk Enterprises Pty Ltd Enterprise Agreement 2015, subject to the correction of the nominal expiry date. The court's decision ensures that the agreement will provide fair terms and conditions of employment for employees within the fast food industry. The approved agreement will now serve as a binding framework for the employment relationship between Boost Patkirk Enterprises Pty Ltd and its employees.

BOOST PATKIRK ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established