Anston Pty Ltd as Trustee for the Trikam Family Trust and Ajay Amin as Trustee for Amin Family Trust and Aqualumiere Pty Ltd

The applicants, Anston Pty Ltd as Trustee for the Trikam Family Trust and Ajay Amin as Trustee for the Amin Family Trust, along with Aqualumiere Pty Ltd, sought approval of the Pure Indulgence Enterprise Agreement (No.2) 2014 for Entity 3 from the Fair Work Commission. The dispute involved the terms of the enterprise agreement, including minimum wage rates, shift penalties, and overtime provisions, which were contested by the applicants and Aqualumiere Pty Ltd. The case was heard by the Fair Work Commission, which had to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement was sufficiently free of coercion, duress, and undue influence, and whether it met the procedural requirements under the Fair Work Act. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The applicants argued that the agreement did not adequately address their concerns regarding the wage rates and penalty rates, while Aqualumiere Pty Ltd contested the terms on the basis of fairness and practicality.

The Fair Work Commission determined that the enterprise agreement did not meet the necessary criteria for approval. The Commission found that the agreement had been entered into under conditions that did not comply with the statutory requirements, including the lack of proper consultation and the presence of elements that could be seen as exerting undue influence. The Commission also found that the wage rates and penalty rates in the agreement were not fair and reasonable. As a result, the application for approval was dismissed.

The Fair Work Commission did not grant approval for the Pure Indulgence Enterprise Agreement (No.2) 2014 for Entity 3. The Commission's decision highlighted the importance of ensuring that enterprise agreements are negotiated and entered into in a manner that is free from coercion, duress, and undue influence, and that they provide fair and reasonable terms and conditions of employment. The applicants were directed to negotiate further with the relevant parties to address the concerns raised during the proceedings.