DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee For Paul Milner Investment Trust (ABN 21 338 087 731) T/A Grill’d Coolangatta
(AG2016/6589)

GRILL’D PAUL MILNER INVESTMENT TRUST ENTERPRISE AGREEMENT 2016

Fast food industry
COMMISSIONER ROE	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Grill’d Paul Milner Investment Trust Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d Paul Milner Investment Trust 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 Trustee For Paul Milner Investment Trust (ABN 21 338 087 731) T/A Grill’d Coolangatta. 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 22 February 2017 and, in accordance with s.54, will operate from 1 March 2017. The nominal expiry date of the Agreement is 22 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Trustee for the Paul Milner Investment Trust, trading as Grill’d Coolangatta, which sought approval of the Grill’d Paul Milner Investment Trust Enterprise Agreement 2016. The dispute arose as the trustee wished to approve the agreement to formalise employment terms with its staff. The case was heard in the Fair Work Commission, a specialist tribunal with jurisdiction over employment and workplace relations matters.

The primary legal issue before the Commission was whether the enterprise agreement in question met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with procedural requirements such as proper consultation with employees and provision of necessary documentation. The Commission also needed to determine if the agreement fairly reflected the balance of power between the parties and provided for a genuine resolution of workplace issues.

In delivering its decision, the Commission found that the enterprise agreement did meet the statutory criteria for approval. It noted that the agreement had been the subject of proper consultation processes, with employees provided with adequate information and opportunity to voice their opinions. The Commission also found that the agreement contained fair and reasonable terms that addressed key employment conditions and provided for genuine dispute resolution mechanisms. The Commission concluded that the agreement did not unjustifiably favour one party over the other and was in compliance with all procedural and substantive requirements of the Fair Work Act. Accordingly, the Commission approved the enterprise agreement.

In light of its findings, the Commission ordered the approval of the Grill’d Paul Milner Investment Trust Enterprise Agreement 2016, with the agreement to be registered and binding on all parties from the effective date specified within the agreement. This decision ensures that the employment terms are legally recognised and enforceable, providing certainty for both the employer and the employees involved.

The Trustee For Paul Milner Investment Trust (ABN 21 338 087 731) T/A Grill’d Coolangatta

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established