DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCCC Pty Ltd T/A Grill’d Wagga Wagga
(AG2017/5563)

GRILL’D BCCC PTY LTD ENTERPRISE AGREEMENT 2017

Fast food industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 JUNE 2018

Application for approval of the Grill’d BCCC Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d BCCC Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BCCC Pty Ltd T/A Grill’d Wagga Wagga. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from BCCC Pty Ltd T/A Grill’d Wagga Wagga. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of BCCC Pty Ltd trading as Grill’d Wagga Wagga, the Fair Work Commission was tasked with deciding whether to approve an enterprise agreement that had been negotiated between the employer and its employees. The applicant, BCCC Pty Ltd, sought approval for the Grill’d BCCC Pty Ltd Enterprise Agreement 2017. The dispute arose as a result of the employees’ dissatisfaction with certain terms and conditions of employment outlined in the proposed agreement.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly with regard to the provisions concerning minimum entitlements, the process of agreement formation, and the overall fairness of the terms and conditions. The Commission also had to consider whether the agreement was made in good faith and whether it complied with the relevant statutory obligations. The employees argued that the agreement did not adequately address their concerns about job security, wage increases, and working conditions.

In delivering its decision, the Fair Work Commission examined the evidence presented by both parties, including the process of agreement formation, the content of the agreement, and the arguments raised by the employees. The Commission found that the agreement had been made in good faith and that it met the statutory requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for minimum entitlements, had been formed through a process that complied with the relevant provisions of the Act, and was fair and reasonable in all the circumstances. Accordingly, the Commission approved the Grill’d BCCC Pty Ltd Enterprise Agreement 2017, subject to certain conditions and modifications as outlined in the decision.

BCCC Pty Ltd T/A Grill’d Wagga Wagga

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established