DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spelchek Pty Ltd T/A Grill’d Charlestown / Grill’d The Junction
(AG2016/5621)

GRILL’D SPELCHEK PTY LTD ENTERPRISE AGREEMENT 2016

Fast food industry
COMMISSIONER ROE	MELBOURNE, 27 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Grill’d Spelchek 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 Spelchek Pty Ltd T/A Grill’d Charlestown / Grill’d The Junction. 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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Spelchek Pty Ltd trading as Grill’d Charlestown and Grill’d The Junction, sought approval of an enterprise agreement with its employees. The applicant argued that the agreement provided fair and reasonable terms and conditions of employment for its staff. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the terms of the Grill’d Spelchek Pty Ltd Enterprise Agreement 2016 were fair and reasonable, and whether they complied with the statutory provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement appropriately balanced the interests of the employer and employees and whether it contained all the mandated minimum terms and conditions. The applicant contended that the agreement was fair and reasonable, while no party contested its approval.

The court examined the provisions of the proposed agreement, including wage rates, hours of work, leave entitlements, and other employment conditions. It considered the principles of procedural and substantive fairness, as well as the statutory minimum standards set out in the Fair Work Act 2009. The court determined that the agreement did not contain all the mandated minimum terms, specifically in relation to shift penalties. However, it found that the agreement was otherwise fair and reasonable, balancing the interests of both parties and meeting most statutory requirements. Given the minor deficiencies, the court approved the agreement with a condition that the employer rectify the omission regarding shift penalties within a specified timeframe.

The final orders of the court were that the Grill’d Spelchek Pty Ltd Enterprise Agreement 2016 be approved, subject to the condition that the applicant rectify the omission of shift penalties within 28 days from the date of the decision. The court's approval of the agreement, contingent on the rectification, ensured that the employees would benefit from the agreed terms while also maintaining compliance with the Fair Work Act 2009.

Spelchek Pty Ltd T/A Grill’d Charlestown / Grill’d The Junction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established