Hungry Jack’s Australia Pty Ltd T/A Hungry Jack’s

[2019] FWCA 8492

[2019] FWCA 8492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hungry Jack’s Australia Pty Ltd T/A Hungry Jack’s
(AG2019/1291)

HUNGRY JACK’S NATIONAL ENTERPRISE AGREEMENT 2019

Fast food industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 DECEMBER 2019

Application for approval of the Hungry Jack’s National Enterprise Agreement 2019.

[1] An application has been made for approval of a single enterprise agreement known as the Hungry Jack’s National Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hungry Jack's Australia Pty Ltd (Employer).

[2] The Employer has provided written undertakings dated 20 September 2019. Those undertakings are attached to this decision and marked as Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Fast Food Industry Award 2010) and that the undertakings will not result in substantial changes to the Agreement. I note that those undertakings become terms of the Agreement.

[3] The Shop, Distributive and Allied Employees Association (SDA) and the Australian Workers’ Union (AWU), being bargaining representatives of a registered employee organisation for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each of them. In accordance with s.201(2) of the Act, I note the agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am also satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is hereby approved and, in accordance with s.54 of the Act, will operate from 23 December 2019. The nominal term of the Agreement will expire on 23 December 2023.

[7] Further reasons for this decision will be published in due course.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506502  PR715318>

Annexure A