DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walfam Pty Ltd T/A Grill’d Carnegie, Grill’d Elsternwick and Grill’d Knox
(AG2016/1780)

GRILL’S WALFAM ENTERPRISE AGREEMENT 2016

Fast food industry
COMMISSIONER ROE	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Grill’d Walfam Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grill’d Walfam 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 Walfam Pty Ltd T/A Grill’d Carnegie, Grill’d Elsternwick and Grill’d Knox. 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

Walfam Pty Ltd, trading as Grill’d Carnegie, Grill’d Elsternwick and Grill’d Knox, applied to the Fair Work Commission for the approval of the Grill’d Walfam Enterprise Agreement 2016. The Fair Work Commission assessed whether the agreement met the legal criteria for approval, focusing on the fairness of the terms and the processes followed in its negotiation. The dispute centred on whether the agreement adequately represented the interests of the employees and whether the necessary procedural requirements had been fulfilled.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission considered if the agreement was appropriately structured to protect employees' rights and interests. The Commission examined submissions from both parties and the relevant legal frameworks to determine these issues.

In delivering its decision, the Fair Work Commission found that the agreement was indeed genuinely negotiated and contained all the required minimum terms and conditions. The Commission was satisfied that the process followed adhered to the necessary legal standards and that the agreement was fair and balanced. The Commission approved the agreement, ensuring it met the statutory requirements and protected the interests of the employees involved.

Consequently, the Fair Work Commission granted approval of the Grill’d Walfam Enterprise Agreement 2016, confirming its compliance with the Fair Work Act and the procedural guidelines for enterprise agreements. The approval took effect from the specified date, providing a legally binding framework for the employment relationship between Walfam Pty Ltd and its employees.

Walfam Pty Ltd T/A Grill’d Carnegie, Grill’d Elsternwick and Grill’d Knox

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established