HUNGRY JACK'S NATIONAL ENTERPRISE AGREEMENT 2024

Application for variation of the Hungry Jack's National Enterprise Agreement 2024 - obvious errors corrected.

[1] In a Decision[1] issued on 10 December 2025, the Commission approved the Hungry Jack's National Enterprise Agreement 2024 (the Agreement). The Agreement operates from the beginning of the first pay period 3 months after 10 December 2025 and has a nominal expiry date of 9 December 2029. The Agreement covers the Shop, Distributive and Allied Employees Association (SDA) and the Australian Workers Union (AWU) being bargaining representatives for the Agreement.

[2] Hungry Jack's Pty Ltd (the Employer) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to make the following amendments to correct typographical errors in Schedule B of the Agreement:

1. The word in the entry of Crew Member (Award Rate: Level 1) Ordinary Hours in Adult Permanent Employee, Schedule B of the Agreement of "Award" is deleted and the words of "FFIA hourly rate" are substituted in lieu thereof.

2. The words in the entry of Crew Member - Team Lead (Award Rate: Level 1 + 10 Cents) Ordinary Hours in Adult Permanent Employee, Schedule B of the Agreement of "Award Rate" are deleted and the words of "FFIA hourly rate" are substituted in lieu thereof.

3. The Crew Member - Team Lead (Award Rate: Level 1 + 10c) Saturday (all day) hourly rate in Adult Permanent Employee, Schedule B of the Agreement of "$33.88" is deleted and an amount of "$33.38" is substituted in lieu thereof.

4. The Crew Member - Team Lead (Award Rate: Level 1 + 10c) Sunday (all day) hourly rate in Adult Permanent Employee, Schedule B of the Agreement of "$33.88" is deleted and an amount of "$33.38" is substituted in lieu thereof.

5. The word in the entry of Crew Coach (Award Rate: Level 2) Ordinary Hours in Adult Permanent Employee, Schedule B of the Agreement of "+10c" is deleted.

6. The word in the entry of Crew Coach (Award Rate: Level 2) Mon - Fri (10pm - M/night) Ordinary Hours in Adult Permanent Employee, Schedule B of the Agreement of "115.25%" is deleted and the word of "110.25%" is substituted in lieu thereof.

7. The Crew Member - Team Lead (Award Rate: Level 1 + 10c) Saturday (all day) hourly rate in Adult Casual Employee, Schedule B of the Agreement of "$40.40" is deleted and an amount of "$40.04" is substituted in lieu thereof.

8. The Crew Member - Team Lead (Award Rate: Level 1 + 10c) Sunday (all day) hourly rate in Adult Casual Employee, Schedule B of the Agreement of "$40.40" is deleted and an amount of "$40.04" is substituted in lieu thereof.

9. The Shift Supervisor (Award Rate: Level 2) Public Holidays penalty amount under the Fast Food Industry Award 2020 (FFIA) in Adult Casual Employee, Schedule B of the Agreement of "*250.25%" is deleted and an amount of "*250%" is substituted in lieu thereof.

10. The Shift Supervisor (Award Rate: Level 2) Overtime (1st 2 hours) (Mon - Sat) penalty amount under the FFIA in Adult Casual Employee, Schedule B of the Agreement of "*225%" is deleted and an amount of "*175%" is substituted in lieu thereof.

11. The Shift Supervisor (Award Rate: Level 2) Overtime (1st 2 hours) (Mon - Sat) hourly rate in Adult Casual Employee, Schedule B of the Agreement of "$48.27" is deleted and an amount of "$49.96" is substituted in lieu thereof.

12. The words in the entry of Shift Supervisor (Award Rate: Level 2) Overtime (After the 1st 2 hours Mon-Sat) (Sunday all hours) in Adult Casual Employee, Schedule B of the Agreement of "FFIA hourly rate" are deleted and the words of "Level 3 (a) FFIA" are substituted in lieu thereof.

13. The Shift Supervisor (Award Rate: Level 2) Overtime (After the 1st 2 hours Mon-Sat) (Sunday all hours) hourly rate in Adult Casual Employee, Schedule B of the Agreement of "$62.06" is deleted and an amount of "$64.24" is substituted in lieu thereof.

14. The amount in the row of Meal Allowance 2 in the table in Allowances, Schedule B of the Agreement of "$15.05 " is deleted and the amount of "$15.04" is substituted in lieu thereof.

[3] The Employer submits that:

1. these errors are in the schedule of rates (Schedule B of the Agreement) which do not reflect the calculation of rates provided for in the Agreement's terms;

2. Schedule B is a reference aid which is based upon the Agreement's terms, as can be seen by the various headings in the tables of Schedule B;

3. the Agreement will operate beginning from the first pay period 3 months after 10 December 2025, so it has not commenced yet; and

4. the ambiguity caused by the small number of errors needs to be corrected to avoid any future disputation or confusion.

[4] The SDA and the AWU both consent to the Agreement being amended in accordance with the Employer's application and to the matter being determined on the papers.

Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.

[6] Section 218A is akin to the slip rule found in s.602 which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made. The power in s.218A to vary an enterprise agreement to correct or amend an obvious error, defect or irregularity is confined to the remediation of clearly apparent and unintentional mistakes in circumstances not susceptible to controversy.[2]

[7] I am satisfied that the variations sought by the Employer are in relation to obvious errors. The proposed variations do not disturb any of the findings of the Commission in relation to the approval of the Agreement and the employees will not be disadvantaged by the proposed variations. In the circumstances, it is appropriate to vary the Agreement pursuant to s.218A(2) in the terms sought by the Employer and I make the variation.

[8] The Agreement is varied by replacing Schedule B with the amended version of this provision which is attached to this decision as Annexure A. The variation operates from 10 December 2025.

[1] [2025] FWCA 4208

[2] Application by Aurizon Operations Ltd [2023] FWCFB 193, [76]

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