Simon Bennett Pty Ltd ATF Simon Bennett Trust (ABN 63 603 311 797) T/A Grill’d Fountain Gate

[2017] FWCA 1124

[2017] FWCA 1124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simon Bennett Pty Ltd ATF Simon Bennett Trust (ABN 63 603 311 797) T/A Grill’d Fountain Gate
(AG2016/3959)

GRILL’D SIMON BENNETT PTY LTD ENTERPRISE AGREEMENT 2016

Fast food industry
COMMISSIONER ROE	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Grill’d Simon Bennett Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d Simon Bennett Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simon Bennett Pty Ltd ATF Simon Bennett Trust (ABN 63 603 311 797) T/A Grill’d Fountain Gate. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. 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.

[4] The Agreement was approved on 27 February 2017 and, in accordance with s.54, will operate from 3 March 2017. The nominal expiry date of the Agreement is 27 February 2021.

COMMISSIONER

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Annexure A