TGI FRIDAYS ASIA PACIFIC ENTERPRISE AGREEMENT 2016

Application for termination of the TGI Fridays Asia Pacific Enterprise Agreement 2016

[1] On 27 February 2026, TGI Fridays Asia Pacific Pty Ltd as trustee for TGI Fridays Asia Pacific Unit Trust T/A TGI Fridays Asia Pacific Pty Ltd (TGI Fridays) made an application for the termination of the TGI Fridays Asia Pacific Enterprise Agreement 2016 (the Agreement), an enterprise agreement that had passed its nominal expiry date, pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The Agreement is a single enterprise agreement which reached its nominal expiry date was on 4 August 2020.

[3] Sections 222 and 223 of the Act are relevant to this application and are as follows:

"222 Application for FWA approval of a termination of an enterprise agreement

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to FWA for approval of the termination.

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances FWA considers it fair to extend that period - within such further period as FWA allows.

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

[4] The Applicant's application was accompanied by a F24A declaration by Ms Katie Walters, Head of Human Resources, and supporting documentation.

[5] The declaration explained that in January 2026 a process was undertaken to inform employees covered by the Agreement as to the proposition that the Agreement be terminated. This process included educative sessions across TGI Friday's various work-sites in Melbourne and Perth and on line, in which employees were able to attend and receive information and ask questions. The formal process by which employees were asked to vote about the proposal to terminate the Agreement occurred through electronic means conducted in early February 2026. Of the 337 employees covered by the Agreement, 130 cast a valid vote and 80 voted to approve the termination of the Agreement.

[6] After the application was allocated to my chambers, I made Directions to the effect that if any person covered by the agreement wished to be heard on the application (for example, if any person wishes to oppose the application or support the application) they were to advise my chambers by email of such by 13 March 2026. The Directions noted, among other things, that it appears the effect of the termination of the Agreement will be that employees covered by it will become covered by the terms of the Restaurant Industry Award 2020. The Directions required that TGI Fridays serve a copy of the Directions upon each of its employees who are covered by the Agreement. On 11 March 2026 I received confirmation from TGI Fridays that it had complied with the Directions.

[7] Only one piece of correspondence was received in relation to these Directions. The correspondence, which I received on 13 March 2026, was from a person identifying themselves as a "TGIF Employee" and it said "as an employee I just wanted to raise this issue: less than 50 percent of all staff participated in the most recent vote".

Is the Applicant a person covered by the Agreement for the purposes of s.222(1)?

[8] By virtue of clause 1.4 of the Agreement, I am satisfied the TGI Fridays is covered by the Agreement and has standing to make the application.

Is the Application accompanied by any declarations that are required by the procedural rules to accompany the Application as required by s.222(2) of the Act?

[9] The Application is accompanied by a Form 24A - declaration in support of termination of an enterprise agreement. Therefore, I am satisfied that the requirements of s.222(2) of the Act have been met.

Has the Application been made within the required timeframe per s.222(3)(a)?

[10] Section 222(3) of the Act sets out the timeframe within which an application must be made, being 14 days after the termination is agreed to or, if the Commission determines in all the circumstances it would be fair to extend that period, such period as the Commission allows. The termination was agreed to on 13 February 2026**.** The Application to the Commission for termination of the agreement was made on 27 February 2026 and I am satisfied the requirements of s 222(3) have been met.

[11] If all of the requirements set out in s 223 of the Act are must, I must approve the Application to terminate this Agreement.

[12] Section 223(a) requires me to be satisfied that each employer covered by the Agreement complied with s 220(2) in relation to the Agreement. I consider this requirement below.

Did TGI Fridays take all reasonable steps to notify the employees of the time and place of the vote and voting method before requesting the employees vote to approve the termination as required by s 220(2)(a) of the Act?

[13] It is said in the Form F24A Declaration that on 9 February 2026 staff were informed that a vote about the proposal to terminate the Agreement would take place commencing 10 February 2026 and close on 13 February 2026. Having considered the materials before me, I am satisfied that before requesting employees vote to approve the proposed termination of the Agreement, the employer took all reasonable steps to notify employees of the time, place and voting method that would be used as required by s 220(2)(a) of the Act.

Did TGI Fridays give the employees as reasonable opportunity to decide whether they want to approve to the proposed termination as required by s.220(2)(b) of the Act?

[14] It is declared in the Form F24A that all employees were informed of the proposition that the Agreement be terminated through an information process and then vote between 25 January 2026 and 13 February 2026. I have considered the material before me, and I am satisfied that in the circumstances TGI Fridays has given employees a reasonable opportunity to decide whether they want to approve the proposed termination.

Was the termination of the Agreement agreed in accordance with whichever of s 221(1) or (2) applies?

[15] Section 223(b) requires me to be satisfied that the termination was agreed in accordance with whichever of s 221(1) or (2) applies. The Agreement is a single enterprise agreement and therefore s 221(1) applies. It provides that a termination is agreed to when a majority of the employees who cast a valid vote approve the termination.

[16] It is declared in the Form F24A that there were 337 employees covered by the Agreement, 130 of whom cast a valid vote and 80 voted to approve the termination of the Agreement.

[17] I note that less than 50 per cent of employees participated in this vote. The Act makes clear that a termination is agreed to when a majority of the employees who cast a valid vote approve the termination. There is no minimum participation requirement in a vote such as this one.

[18] Having considered the material before me, I am satisfied that a majority of the employees who cast a valid vote approved the termination and that the requirements of s.221(1) have been met.

Absence of other reasonable grounds for believing that the employees have not agreed to the termination - s.223(c)

[19] On the material before me as set out above, I am satisfied that there are no other reasonable grounds for believing that employees have not agreed to the termination.

Consideration of the views of the employee organisation or employee organisations (if any) covered by the Agreement - s.223(d)

[20] There are no employee organisations covered by the Agreement.

[21] Based on the material before the Commission, I am satisfied that the requirements of ss.222 and 223 of the Act have been met.

[22] While I received correspondence apparently from one employee which noted that less than fifty per cent of employees participated in the vote, neither this correspondence or any other took issue or opposed the application being granted.

[23] I am satisfied that it is appropriate to terminate the Agreement.

[24] Section 224 of the Act provides that if a termination of an enterprise agreement is approved under s 223, the termination operates from the day specified in the decision to approve the termination.

[25] In accordance with s.224, the termination will come into effect from 16 March 2026.

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