[2020] FWCA 6463

The attached document replaces the document previously issued with the above code on 2 December 2020.

Additional text has been removed from Agreement Title.

Associate to Deputy President Young

Dated 3 December 2020

[2020] FWCA 6463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JCSR Holdings Pty Ltd T/A Grill’d The Junction
(AG2020/3101)

GRILL’D JCSR HOLDINGS ENTERPRISE AGREEMENT 2020

Fast food industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 DECEMBER 2020

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

[1] JCSR Holdings Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Grill’d JCSR Holdings 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 Agreement was approved on 2 December 2020 and, in accordance with s 54, will operate from 9 December 2020. The nominal expiry date of the Agreement is 2 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of JCSR Holdings Pty Ltd T/A Grill’d The Junction, the Fair Work Commission was tasked with considering an application for the approval of the Grill’d JCSR Holdings Enterprise Agreement 2020. This matter involved a dispute between the employer, JCSR Holdings Pty Ltd, trading as Grill’d The Junction, and its employees. The crux of the dispute centred around the terms and conditions of the proposed enterprise agreement, including wages, hours of work, and other employment-related matters. The Commission had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement had been made in good faith, whether it provided for a fair and reasonable method of determining the wages and conditions of employment, and if it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees. The employer argued that the proposed agreement was fair and reasonable and had been made in good faith, while the employees raised concerns about certain terms and conditions.

The Fair Work Commission, after thorough deliberation, concluded that the Grill’d JCSR Holdings Enterprise Agreement 2020 was fair and reasonable and had been made in good faith. The Commission found that the agreement provided for a fair and reasonable method of determining wages and conditions, taking into account the specific circumstances of the employees and the business. The Commission also noted that the agreement appropriately balanced the interests of both parties and met all the necessary criteria for approval under the Fair Work Act. Consequently, the application for the approval of the agreement was successful.

The Fair Work Commission approved the Grill’d JCSR Holdings Enterprise Agreement 2020, affirming that it met all the statutory requirements for approval under the Fair Work Act. This decision provides clarity and sets a precedent for similar enterprise agreements in the future, ensuring that both employers and employees can rely on the Commission's findings in such disputes.

JCSR Holdings Pty Ltd T/A Grill’d The Junction

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