Acurio Services Pty Ltd

[2022] FWCA 1193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Acurio Services Pty Ltd

(AG2022/736)

Acurio Services Pty Ltd Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 4 APRIL 2022

Application for the approval of Acurio Services Pty Ltd Enterprise Agreement 2021.

Acurio Services Pty Ltd (the Employer) has made an application for the approval of the Acurio Services Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2022. The nominal expiry date of the Agreement is 4 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acurio Services Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2021. The application was contested by the Australian Services Union. The dispute centred around the terms of the agreement, particularly those concerning employee conditions and the dispute resolution process.

The central legal issues were whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding the minimum entitlements and the dispute resolution provisions. The court had to determine if the agreement provided for adequate protections for employees and whether the dispute resolution process was fair and efficient.

The Fair Work Commission examined the terms of the agreement and the submissions from both parties. It considered the provisions against the statutory minimum standards and the principles of procedural fairness. Ultimately, the Commission found that the agreement complied with the requirements of the Act, providing sufficient protections for employees and a fair dispute resolution mechanism. The application was approved.

The final orders of the Commission were that the Enterprise Agreement 2021 be approved in accordance with the Fair Work Act 2009. The agreement was to take effect from the date of the approval, binding both parties subject to the terms and conditions set out within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established