DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Grill'd Pty Ltd
(AG2015/6064)

GRILL'D ENTERPRISE AGREEMENT 2015

Fast food industry
DEPUTY PRESIDENT BULL	SYDNEY, 22 DECEMBER 2015

Application for approval of the Grill'd Enterprise Agreement 2015

[1] An application has been made by Grill’d Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Grill'd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement covers all permanent employees engaged by the applicant; the Agreement does not cover casual employees.

[3] The Fast Food Industry Award 2010 (the Award) is the relevant reference instrument with respect to the better off overall test (BOOT) as required under s.186 of the Act.

[4] The rates of pay provided under the Award incorporate weekend and shift penalties, public holiday penalties and annual leave loading, which would otherwise be provided under the Award.

[5] However, the rates of pay under the Agreement are higher than the corresponding minimum rate of pay under the Award, being:

● 14.55% higher for non-salaried employees;
● 15.65%–22.30% for salaried employees ;
● 14.11%–44.84% higher for junior employees;
● 17.09%–42.30% higher for part-time trainees ; and
● 46.03%–48.04% higher for school-based trainees

[6] The higher rates of pay in the Agreement, together with restrictions on how many hours an individual employee can work on penalty shifts, weekends and public holidays provide that employees are better off overall under the Agreement. In particular, the clauses state at:

● Cl. 14.- employees will not be required to work more than one maximum 5 hour penalty shift per week (including late night or weekend shift); and

● Not be required to work more than a maximum of 2 Sunday shifts per month.

● Cl. 28.2 – employees will not be required to work more than a maximum of 2 public holidays per year.

Approval

[7] Taking into account the higher rates of pay under the Agreement when compared to the Award and the restrictive clauses with respect to weekend and public holiday work outlined above, I am satisfied that the Agreement results in employees being better off under the Agreement.

[8] 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.

[9] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 29 December 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Grill'd Pty Ltd, a franchisor of fast-food restaurants, applied to the Fair Work Commission for approval of the Grill'd Enterprise Agreement 2015. The applicant argued that the agreement was an appropriate framework for a fair and efficient workplace relationship. The applicant also sought a determination that the agreement was in the public interest. The Fair Work Commission was the court in this case.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was in the public interest. The court considered whether the agreement provided for the protection of employees' rights and interests and whether it promoted harmonious, productive, and cooperative workplace relations. The court also had to consider whether the agreement would have a detrimental effect on the public interest.

The court found that the agreement met the criteria for approval under the Fair Work Act 2009. The court considered that the agreement provided for the protection of employees' rights and interests and promoted harmonious, productive, and cooperative workplace relations. The court also found that the agreement would not have a detrimental effect on the public interest. The court was satisfied that the agreement was an appropriate framework for a fair and efficient workplace relationship and was in the public interest. The court approved the agreement and made a determination that the agreement was in the public interest.

The final orders of the court were that the Grill'd Enterprise Agreement 2015 be approved and that it be in the public interest. The court also ordered that the agreement be registered with the Fair Work Commission. The applicant's application was successful.

Grill'd Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established