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austlii:cth/FWCA/2025/4208
General information, not legal advice.
FWCA
2025-12-10
Original judgment source is linked above.
HUNGRY JACK'S NATIONAL ENTERPRISE AGREEMENT 2024
Application for approval of the Hungry Jack's National Enterprise Agreement 2024.
[1] Hungry Jack's Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Hungry Jack's National Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.
[2] 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.
[3] The Applicant has also made an application pursuant to s.218A to correct errors in the Agreement. The corrections sought are as follows:
replacing the public holiday hourly rate in Schedule B for Crew Member Level 1 from "$39.83" with "$59.74";
inserting into Schedule C the definitions relating to the conditions applicable to employees eligible for a supported wage, which was omitted from clause C.2;
replacing the words "clause A.5" with "clause C.5" following the words "Assessed capacity" in the schedule contained in clause C.4.1 of Schedule C; and
replacing the rate "$106" with "$109" in clause C.10.3 of Schedule C.
[4] I am satisfied that the errors identified by the Applicant are obvious errors or irregularities of the kind contemplated by s.218A of the Act, and that it is appropriate to correct them by varying the Agreement. An amended version of the Agreement incorporating these variations has been filed.
[5] The Australian Workers' Union and the Shop, Distributive and Allied Employees Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2025. The nominal expiry date of the Agreement is 9 December 2029.
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