DECISION

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

Grumpy Steakhouse Qld Pty Ltd
(AG2015/6172)

GRUMPY STEAKHOUSE - ENTERPRISE AGREEMENT 2015

Hospitality industry
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Grumpy Steakhouse - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Grumpy Steakhouse - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grumpy Steakhouse Qld Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues. On 8 December 2015 I received a signed undertaking in response to the queries. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2015. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Grumpy Steakhouse Queensland Pty Ltd, a restaurant operator, applied to the Fair Work Commission for approval of the Grumpy Steakhouse Enterprise Agreement 2015. The applicant sought an endorsement of the agreement, which had been negotiated with the union representing the restaurant's employees. The union argued that the agreement contained fair and reasonable terms and conditions of employment. The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval, including whether it was negotiated in good faith, and whether it provided for the minimum entitlements required by law. The Commission considered the evidence and submissions from both parties and found that the agreement was fair and reasonable. The Commission noted that the agreement provided for above-award wages and conditions, and that the parties had negotiated in good faith. The Commission was satisfied that the agreement met the statutory criteria for approval. The Grumpy Steakhouse Enterprise Agreement 2015 was approved by the Fair Work Commission, and will now apply to the employees of the restaurant.

Grumpy Steakhouse Qld Pty Ltd

DECISION

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