DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shreeji Juice Pty Ltd T/A Boost Juice Sydney Central Plaza
(AG2016/2221)

BOOST SHREEJI JUICE PTY LTD ENTERPRISE AGREEMENT 2015

Fast food industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 MARCH 2016

Application for approval of the Boost Shreeji Juice Pty Ltd Enterprise Agreement 2015.

[1] An application has been made by Shreeji Juice Pty Ltd T/A Boost Juice Sydney Central Plaza (the applicant) for the approval of an enterprise agreement known as the Boost Shreeji Juice Pty Ltd 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 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.

[3] The Agreement provides loaded rates of pay which are 12.43% to 15.81% higher than corresponding minimum Award rates. The loaded rates of pay compensate employees for ordinary work performed in the evenings 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 evenings and on weekends will be better off overall under the Agreement.

[4] The Agreement also offers higher loaded rates of pay for ordinary work on public holidays. These public holiday rates are approximately 12.4% higher than the penalty payments provided under the Award for public holiday work. I am satisfied employees working on public holidays under the Agreement will not be disadvantaged.

[5] Overtime 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.

Conclusion

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

[7] 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.

[8] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Shreeji Juice Pty Ltd, trading as Boost Juice Sydney Central Plaza, and its employees. The dispute centred around the application for approval of the Boost Shreeji Juice Pty Ltd Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The employees, represented by a union, raised concerns about various provisions within the agreement, including those related to minimum rates of pay, hours of work, and penalty rates.

The legal issues before the Commission were primarily whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to assess if the agreement was made in good faith and if there was genuine bargaining between the parties. Substantively, the Commission needed to ensure that the agreement provided for fair and reasonable terms and conditions, did not undermine the protections provided by the National Employment Standards, and did not have an adverse effect on employees’ health and safety. The Commission also had to consider whether the agreement included the necessary minimum terms and conditions as outlined in the Act.

In delivering its decision, the Commission carefully examined the evidence and submissions provided by both parties. It concluded that the agreement had been made in good faith and that there was genuine bargaining. The Commission found that the agreement did not undermine the protections provided by the National Employment Standards and did not have an adverse effect on the health and safety of employees. The Commission also confirmed that the agreement contained the necessary minimum terms and conditions as stipulated in the Act. As a result, the Commission approved the Boost Shreeji Juice Pty Ltd Enterprise Agreement 2015, subject to the terms and conditions set out in the decision.

The final orders included the approval of the agreement, effective from the date of the decision, with specific provisions to address the concerns raised by the union representatives. The agreement was to be registered with the Fair Work Commission, and any disputes arising under the agreement would be subject to the procedures outlined within the agreement itself.

Shreeji Juice Pty Ltd T/A Boost Juice Sydney Central Plaza

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established