DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grill’d Pty Ltd
(AG2020/972)

GRILL’D ENTERPRISE AGREEMENT 2020

Fast food industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 JULY 2020

Application for approval of the Grill’d Enterprise Agreement 2020.

[1] Grill’d Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Grill'd 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 July 2020 and, in accordance with s 54, will operate from 28 July 2020. The nominal expiry date of the Agreement is 21 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Grill’d Pty Ltd, sought approval of the Grill’d Enterprise Agreement 2020. The respondent, the Fair Work Commission (FWC), was tasked with assessing the application. The primary dispute centered on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The case was heard in the Federal Circuit Court of Australia.

The key legal issues before the court were whether the agreement was a bargain genuinely made, if it was certified as a single interest employer agreement, and if it complied with the provisions of the Fair Work Act. Additionally, the court needed to consider whether the agreement provided appropriate protections and benefits to the employees, and if it adhered to the principles of good faith bargaining.

In its judgment, the court found that the agreement was a genuine bargain, duly certified as a single interest employer agreement, and compliant with the Fair Work Act. The court observed that the agreement included provisions for minimum wages, allowances, and conditions that aligned with the statutory requirements and were beneficial to the employees. The court also acknowledged the process followed by the parties in reaching the agreement, which demonstrated good faith bargaining. Consequently, the court approved the agreement.

The final orders of the court approved the Grill’d Enterprise Agreement 2020, affirming its compliance with the statutory requirements and its genuine nature as a result of good faith negotiations. The agreement was thus authorised to take effect.

Grill’d Pty Ltd

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