Tasty Fresh Pty Ltd
[2022] FWCA 4556
•22 DECEMBER 2022
| [2022] FWCA 4556 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tasty Fresh Pty Ltd
(AG2022/5304)
Tasty Trucks Van Staff Enterprise Agreement 2022
| Fast food industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 22 DECEMBER 2022 |
Application for approval of the Tasty Trucks Van Staff Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Tasty Trucks Van Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasty Fresh Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the provisions of clause 19 (Abandonment of employment) and clause 20 (Personal leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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