Barbeques Galore Pty Limited T/A Barbeques Galore

[2023] FWCA 2247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barbeques Galore Pty Limited T/A Barbeques Galore

(AG2023/1953)

BARBEQUES GALORE ENTERPRISE AGREEMENT 2023

Retail industry
COMMISSIONER MCKINNON	SYDNEY, 20 JULY 2023

Application for approval of the Barbeques Galore Enterprise Agreement 2023.

Barbeques Galore Pty Limited T/A Barbeques Galore has applied for approval of a single enterprise agreement known as the Barbeques Galore Enterprise Agreement 2023 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 27 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers the Shop, Distributive and Allied Employees Association.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barbeques Galore Pty Limited T/A Barbeques Galore applied to the Fair Work Commission for approval of the Barbeques Galore Enterprise Agreement 2023. The application was opposed by the Retail and Fast Food Workers Union of Victoria, the Organisational Shop Stewards and the United Voice Shop Stewards. The dispute centred on the terms and conditions of employment for employees of Barbeques Galore. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural fairness requirements, whether it met the "better off overall test", and whether it contained any provisions that were contrary to public policy. The Commission considered the evidence provided by both parties and examined the terms of the agreement in detail. The Commission found that the agreement was procedurally fair and met the better off overall test. It also found that there were no provisions in the agreement that were contrary to public policy.

Accordingly, the Commission approved the Barbeques Galore Enterprise Agreement 2023. The parties were directed to take all steps necessary to give effect to the approved agreement. The decision was a significant victory for Barbeques Galore, as it allowed the company to implement the terms and conditions of employment set out in the agreement. The decision also provided clarity and certainty for the employees, as they now knew the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established