Akiba Canberra Pty Limited T/A Akiba

[2021] FWCA 6029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akiba Canberra Pty Limited T/A Akiba
(AG2021/6804)

AKIBA MULTI-ENTERPRISE AGREEMENT 2021

Restaurants
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 SEPTEMBER 2021

Application for approval of the Akiba Multi-Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Akiba Multi-Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 October 2021. The nominal expiry date of the Agreement is 27 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Akiba Canberra Pty Limited T/A Akiba applied to the Fair Work Commission for approval of the Akiba Multi-Enterprise Agreement 2021. The applicant is an employer of employees who work in various roles across different industries. The dispute centred on the appropriateness and fairness of the proposed agreement, which aimed to standardise employment terms and conditions across multiple enterprises.

The primary legal issues before the court were whether the agreement met the statutory requirements for enterprise agreements, including compliance with the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees involved. The court also needed to determine if the agreement appropriately balanced the interests of the employer and the employees.

In its decision, the Fair Work Commission found that the Akiba Multi-Enterprise Agreement 2021 was compliant with the relevant statutory provisions. The agreement was deemed to provide fair and reasonable terms and conditions, considering the specific needs and circumstances of the employees. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, thereby meeting the legal criteria for approval. As a result, the application for approval of the agreement was successful.

The Fair Work Commission approved the Akiba Multi-Enterprise Agreement 2021, effective from the date of the decision. This approval allowed the agreement to be implemented across the multiple enterprises of Akiba Canberra Pty Limited T/A Akiba, providing a standardised set of employment terms and conditions for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established