Grill'd Pty Ltd

[2025] FWCA 3473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grill’d Pty Ltd

(AG2025/2554)

GRILL’D ENTERPRISE AGREEMENT 2025

Fast food industry

DEPUTY PRESIDENT MILLHOUSE

COMMISSIONER LEE
COMMISSIONER YILMAZ

MELBOURNE, 17 OCTOBER 2025

Application for approval of the Grill’d Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Grill’d Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Grill’d Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The United Workers’ Union (UWU) indicated in the F18 filed that they opposed the approval of the Agreement on a number of grounds such that the Commission could not be satisfied of a number of statutory requirements including that the Agreement was not genuinely agreed and that the Agreement did not pass the Better off Overall Test. The Shop, Distributive and Allied Employees Association (SDA) also opposed the approval of the Agreement and largely echoed the concerns raised by the UWU. Pursuant to ss 582 and 615 of the Act, the matter was referred to a Full Bench of the Commission. The Full Bench raised a number of concerns with the Employer as to pre-approval requirements and BOOT concerns.

The Employer and the UWU filed materials in accordance with the directions, and a hearing was conducted before the Full Bench on Wednesday 27 August 2025. Subsequent to the hearing, the applicant provided a proposed undertaking providing for a reconciliation clause to operate and further undertakings prohibiting split shifts and seeking to amend wording in the workplace delegates rights clause.

A conference was conducted before Commissioner Lee on Monday 13 October 2025. At that conference, the employer agreed to amend the proposed undertaking in a number of respects. Based on the amended undertaking, the UWU withdrew their objections to the approval of the Agreement and the SDA stated that they did not wish to be heard or express any views.

As set out below, the Employer has provided written undertakings A copy of the undertakings is attached at Annexure A. We are satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Having regard to the extensive material put before the Full Bench and subject to the undertakings referred to above, we are satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, we have had regard to each of the matters in s 193A(2)-(7).

It is apparent that in clause 45.7 of the Agreement that the word “of” that appears immediately after the words “during working hours” should read “or”. The parties agree that this is an obvious error and capable of variation under s 218A of the Act. The Full Bench exercises its power pursuant to s 218A(2)(b) of the Act to correct this obvious error. Clause 45.7 will now read as follows: A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

The UWU and the SDA being bargaining representatives for the Agreement have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act we note that the Agreement covers the organisations.

The Employer has requested that if approved that the Agreement operate 28 days from the date of the approval decision to provide time to implement the new rostering system and associated terms. While we have sympathy for that submission, delayed implementation is not possible having regard to the provisions of s 54 of the Act.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 24 October 2025. The nominal expiry date of the Agreement is 17 October 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved Grill'd Pty Ltd, which sought approval of the Grill’d Enterprise Agreement 2025. The application was before the Fair Work Commission, where the central issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included whether the agreement was a genuinely bargained agreement and whether it complied with procedural requirements.

The court considered whether the agreement was genuinely the product of negotiations between the parties. It assessed the process of bargaining and whether there was any coercion or undue influence that could undermine the genuineness of the agreement. Additionally, the court examined whether the agreement adhered to the procedural requirements, such as proper consultation and the provision of necessary information to employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met all procedural requirements. It determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission approved the enterprise agreement, recognising it as a legally binding contract between the parties.

The final orders confirmed the approval of the Grill’d Enterprise Agreement 2025, allowing it to take effect from the specified date. The decision provided clarity and certainty for both Grill'd Pty Ltd and its employees regarding the terms of their employment going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established