[2020] FWCA 6465

The attached document replaces the document previously issued with the above code on 2 December 2020.

Additional text has been removed from Agreement Title.

Associate to Deputy President Young

Dated 3 December 2020

[2020] FWCA 6465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALLT Enterprises Pty Ltd T/A Grill’d Shellharbour
(AG2020/3036)

GRILL’D (ALLT ENTERPRISES) ENTERPRISE AGREEMENT 2020

Fast food industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 DECEMBER 2020

Application for approval of the Grill’d (ALLT Enterprises) Enterprise Agreement 2020.

[1] ALLT Enterprises Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Grill’d (ALLT Enterprises) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 2 December 2020 and, in accordance with s 54, will operate from 9 December 2020. The nominal expiry date of the Agreement is 2 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ALLT Enterprises Pty Ltd trading as Grill’d Shellharbour, sought approval of the Grill’d (ALLT Enterprises) Enterprise Agreement 2020 under the Fair Work Act 2009. The respondents included various unions and employees. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement met the legal requirements for registration under the Fair Work Act. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, whether it had been fairly made, and if it complied with the Act’s provisions.

The court examined the process by which the agreement was negotiated and concluded, focusing on whether the applicant had engaged in genuine bargaining with the employee representatives. The applicant provided evidence of the negotiation process, including communications and meetings held with the unions. The court considered whether the agreement contained all the mandatory terms prescribed by the Act and whether it provided for a fair balance between the rights and obligations of employers and employees. The court also assessed the impact of the agreement on the employees, particularly whether it met their needs and provided adequate protections.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was genuinely negotiated and fairly made. The court concluded that the agreement met all legal requirements and was in the best interests of the employees. The commission approved the agreement, noting that it provided a fair and reasonable framework for employment conditions. The approval of the agreement was made subject to certain conditions to ensure ongoing compliance with the Fair Work Act.

ALLT Enterprises Pty Ltd T/A Grill’d Shellharbour

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established