Pressed Juices Personnel Pty Ltd T/A Pressed Juices

[2016] FWCA 1174

[2016] FWCA 1174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pressed Juices Personnel Pty Ltd T/A Pressed Juices
(AG2016/127)

PRESSED JUICES ENTERPRISE AGREEMENT 2015

Fast food industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 MARCH 2016

Application for approval of the Pressed Juices Enterprise Agreement 2015.

[1] An application has been made by Pressed Juices Personnel Pty Ltd T/A Pressed Juices (the applicant) for the approval of an enterprise agreement known as the Pressed Juices Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement covers sales assistants and store managers in the applicant’s retail outlets. As per s.186(3) of the Act, I am satisfied that the group of employees covered by the Agreement was fairly chosen based on the operational distinction of the employees chosen.

[3] The Fast Food Industry Award 2010 (the Award) is the relevant reference instrument for the purposes of the better off overall test (BOOT) as required under s.186 of the Act.

[4] The Agreement provides loaded rates of pay which are 9.03% to 48.56% higher than minimum Award rates. The loaded rates of pay compensate employees for ordinary work performed on public holidays and on weekends, which would otherwise be paid at penalty rates under the Award. I am satisfied that the Agreement rates are sufficiently high to ensure that employees working public holidays and on weekends will be better off under the Agreement as compared with the Award.

[5] Overtime for non-salaried employees is paid at 150% for the first two hours and 200% thereafter, for work in excess of an employee’s ordinary hours of work. These payments are consistent with the Award overtime provisions.

[6] Section 54 of the Act provides that an Agreement must not be longer than 4 years from the date of approval. At the request of the Commission, an undertaking has been provided by the employer such the nominal expiry date of the agreement will be 4 years from the approval date of the Agreement, rather than 4 years from the commencement date, as was previously provided.

[7] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached in Annexure A.

Conclusion

[8] Taking into account the higher rates of pay under the Agreement when compared to the Award, in conjunction with overtime payments for work in excess of ordinary hours, I am satisfied that the Agreement results in employees being better off under the Agreement.

[9] 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.

[10] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 9 March 2016. The nominal expiry date of the Agreement is 2 March 2020.

DEPUTY PRESIDENT

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Annexure A