DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Eco Store Pty Ltd as the trustee for The Eco Store Unit Trust T/A Grill’d Robina Town Centre, Grill’d Benowa Gardens
(AG2016/5657)

GRILL’D THE ECO STORE PTY LTD ENTERPRISE AGREEMENT 2016

Fast food industry
COMMISSIONER ROE	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Grill’d The Eco Store Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d The Eco Store 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 The Eco Store Pty Ltd as the trustee for The Eco Store Unit Trust T/A Grill’d Robina Town Centre, Grill’d Benowa Gardens. 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 recent decision of The Eco Store Pty Ltd as the trustee for The Eco Store Unit Trust T/A Grill’d Robina Town Centre, Grill’d Benowa Gardens, the Fair Work Commission was asked to consider and approve an Enterprise Agreement. The dispute arose from the negotiation of terms and conditions of employment between the employer, The Eco Store Pty Ltd, and its employees represented by the Retail and Fast Food Workers Union. The case was heard and determined by the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace, and whether it was free from any contraventions of the Fair Work Act. A secondary issue was whether the agreement adequately balanced the interests of the employer and the employees, particularly in relation to the terms of employment and conditions of work.

The Fair Work Commission considered the evidence presented by both parties and examined the terms of the Enterprise Agreement in detail. The Commission found that the agreement provided for a fair and efficient workplace and was free from any contraventions of the Fair Work Act. The Commission also found that the agreement balanced the interests of both the employer and the employees, and provided for reasonable terms and conditions of employment. The Commission approved the Enterprise Agreement, noting that it met all the statutory criteria for approval.

As a result of the Commission's decision, the Enterprise Agreement was approved and will now form the basis of the terms and conditions of employment for the employees of The Eco Store Pty Ltd. The approval of the agreement ensures that the employer and employees will be bound by the terms of the agreement, and provides a framework for the resolution of any future disputes that may arise in relation to the employment relationship.

The Eco Store Pty Ltd as the trustee for The Eco Store Unit Trust T/A Grill’d Robina Town Centre, Grill’d Benowa Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established