Lucky Coffee Pty Ltd

[2013] FWCA 294

[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

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