K123 Investments Pty Ltd T/A Grill’d - Shafto Lane - [2013] FWCA 4505

[2013] FWCA 4505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K123 Investments Pty Ltd T/A Grill’d - Shafto Lane
(AG2013/1063)

GRILL’D SHAFTO LANE ENTERPRISE AGREEMENT 2013

Fast food industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 JULY 2013

Application for approval of the Application for approval of the Grill’d Shafto Lane Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d Shafto Lane Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved K123 Investments Pty Ltd trading as Grill’d - Shafto Lane, which sought approval of the Grill’d Shafto Lane Enterprise Agreement 2013. The application was brought by the employer, who aimed to secure the agreement’s approval to formalise the terms and conditions of employment for its employees. The legal issues central to this case revolved around the fairness and compliance of the agreement with relevant legislative standards. Specifically, the FWC needed to determine whether the agreement met the criteria set out in the Fair Work Act 2009, particularly concerning procedural fairness and the absence of a genuine agreement.

The FWC meticulously reviewed the evidence and arguments presented by both parties. A significant aspect of the inquiry was whether the process leading to the agreement was conducted in good faith and whether the agreement itself was fair and reasonable. The FWC considered the submissions made by the parties, including the employer's evidence of a good-faith negotiation process and the employees' concerns regarding certain provisions of the agreement. The FWC found that the agreement was fair and reasonable, taking into account the nature of the enterprise, the bargaining power of the parties, and the context in which the agreement was made. The employer demonstrated a genuine effort to negotiate in good faith, and the agreement provided for fair and reasonable terms and conditions for the employees.

The FWC approved the application, thereby formalising the terms of the Grill’d Shafto Lane Enterprise Agreement 2013. The decision underscored the importance of fair and transparent negotiation processes in enterprise bargaining. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally binding and that both parties are bound by the provisions set forth in the agreement. The FWC's approval marks the formal recognition of the agreement as a legally enforceable contract between the employer and the employees.

K123 Investments Pty Ltd T/A Grill’d - Shafto Lane

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established