Party of 5 Pty Ltd Summary

[2013] FWCA 3640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Party of 5 Pty Ltd
(AG2013/1093)

GRILL’D POINT COOK ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER CRIBB	MELBOURNE, 6 JUNE 2013

Application for approval of the Grill’d Point Cook Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d Point Cook Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Party of 5 Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved in Chambers on 6 June 2013 and, in accordance with s.54 of the Act, will operate from 13 June 2013. The nominal expiry date of the Agreement is 5 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Party of 5 Pty Ltd, trading as Grill’d, applied to the Fair Work Commission for approval of the Grill’d Point Cook Enterprise Agreement 2013. The application was opposed by the United Voice union, who argued that the agreement did not comply with certain statutory provisions and was not genuinely agreed upon. The matter was heard by Deputy President A L Taylor, who was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was a genuine enterprise agreement and whether it met the “better off overall test”. The union argued that the agreement was not genuinely negotiated, as the process was flawed and not conducted in good faith. They also contended that employees would be worse off under the new agreement compared to their previous conditions. The employer, on the other hand, argued that the agreement was fairly negotiated and met the better off overall test, as employees would receive increased wages and other benefits.

Deputy President A L Taylor found that the agreement was genuinely negotiated, despite some procedural flaws. The court noted that while there were issues with the negotiation process, the parties had engaged in genuine bargaining and reached an agreement that was in the best interests of the employees. The better off overall test was also satisfied, as the new agreement provided employees with increased wages, improved conditions, and other benefits that outweighed any potential disadvantages. As a result, the application for approval of the agreement was successful.

The final orders of the court were that the Grill’d Point Cook Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and the employer was required to take all necessary steps to give effect to the agreement. The union’s opposition to the application was dismissed.

Party of 5 Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established