Lucky Coffee Pty Ltd

[2013] FWCA 294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucky Coffee Pty Ltd
(AG2012/8326)

LUCKY COFFEE PTY LTD ENTERPRISE AGREEMENT 2012

Fast food industry
COMMISSIONER GAY	HOBART, 16 JANUARY 2013

Application for approval of the Lucky Coffee Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as Lucky Coffee Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lucky Coffee Pty Ltd.

[2] Lucky Coffee Pty Ltd has provided a signed written undertaking as to the queries I had expressed in relation to:

● Clause 3.2 - ‘Contract of Employment’ as to part-time employees hours and days of the week being agreed in writing;

● Clause 9.1 - ‘Overtime’ that any time worked by a part-time employee outside their ordinary hours as defined will be overtime;

● Clause 13 - ‘Wage Increases’; and

● Schedule A - ‘Minimum Rates of Pay’.

I am satisfied the detailed undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 23 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lucky Coffee Pty Ltd applied to the Fair Work Commission for approval of their 2012 Enterprise Agreement. The application was contested by the Australian Manufacturing Workers’ Union. The dispute centred around the provisions within the agreement that pertained to the classification of employees and the conditions under which casual employees could be converted to permanent status. The Fair Work Commission, led by Commissioner McCabe, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court needed to examine if the agreement was genuinely negotiated and if it met the requirements of being an enterprise agreement. It also needed to consider if the agreement provided for fair and reasonable terms and conditions, particularly focusing on the classification of employees and the conversion of casual employment to permanent status. The court had to ensure that the agreement did not adversely affect the employees' existing terms and conditions and that it adhered to the principles of good faith bargaining.

After thorough consideration, the Fair Work Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions. The commission confirmed that the agreement was consistent with the principles of good faith bargaining and did not adversely affect the employees' existing terms and conditions. The provisions regarding the classification of employees and the conversion of casual employment to permanent status were deemed to be fair and reasonable. Consequently, the commission approved the agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established