Akiross Pty Ltd

[2013] FWCA 4808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akiross Pty Ltd
(AG2013/1532)

AKIROSS PTY LTD ENTERPRISE AGREEMENT 2013

Restaurants
COMMISSIONER DEEGAN	CANBERRA, 18 JULY 2013

Application for approval of the Akiross Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Akiross Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Akiross Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2013. The nominal expiry date of the Agreement is 25 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Akiross Pty Ltd sought approval for the Akiross Pty Ltd Enterprise Agreement 2013 in the Fair Work Commission. The applicant, Akiross Pty Ltd, is an employer, and the respondent, the Transport Workers Union of Australia, is an employee representative organisation. The dispute concerns whether the enterprise agreement meets the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fairly made, complied with the provisions of the Act, and adhered to the Fair Work (Registered Organisations) Act 2009.

The key legal issues were whether the agreement was made in good faith, whether the terms were fair and reasonable, and whether the agreement complied with the procedural requirements of the Fair Work Act 2009. The court examined the process of agreement formation, including the adequacy of employee consultation and representation, as well as the content of the agreement itself. The court also assessed if the agreement covered all mandatory terms and if it provided for the protection of employees' rights.

The Fair Work Commission found that the agreement was fairly made and complied with all statutory requirements. The court was satisfied that the process of negotiation and consultation was robust and that the terms of the agreement were fair and reasonable. The agreement was found to cover all mandatory terms and provide adequate protections for the employees. Consequently, the court approved the Akiross Pty Ltd Enterprise Agreement 2013.

The final orders included the approval of the agreement, which is to be registered and enforceable under the Fair Work Act 2009. The agreement will now govern the employment terms and conditions for the employees of Akiross Pty Ltd, subject to the ongoing obligations of the parties to adhere to its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established