Assetlink Services (25) Pty. Ltd.

[2025] FWCA 664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Assetlink Services (25) Pty. Ltd.

(AG2025/141)

AVS ENTERPRISE AGREEMENT 2024

Hospitality industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 FEBRUARY 2025

Application for approval of the AVS Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the AVS Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Assetlink Services (25) Pty. Ltd. (Employer). The Agreement is a single enterprise agreement.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Hospitality Industry (General) Award 2020 is taken to be a term of the Agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 20 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Assetlink Services (25) Pty. Ltd., the Fair Work Commission was asked to approve the AVS Enterprise Agreement 2024. The dispute arose between the employer, Assetlink Services (25) Pty. Ltd., and the employees represented by the Australian Services Union. The focus of the application was to ensure the agreement met the necessary criteria under the Fair Work Act 2009, particularly in terms of its fairness and compliance with statutory requirements.

The primary legal issues addressed by the Commission included whether the agreement provided for appropriate minimum terms and conditions, whether it facilitated a fair process for resolving disputes, and if it adhered to the procedural fairness standards set out in the Fair Work Act. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement satisfied all necessary requirements for approval. The Commission highlighted that the agreement included comprehensive provisions for minimum wages, conditions, and dispute resolution mechanisms. Furthermore, the agreement demonstrated a fair balance of interests and adhered to procedural fairness. Consequently, the Commission approved the AVS Enterprise Agreement 2024, confirming its compliance with the statutory framework.

As a result of the decision, the Fair Work Commission granted approval for the AVS Enterprise Agreement 2024 to take effect, ensuring that the terms and conditions agreed upon by the parties were legally enforceable. This decision provides clarity for both Assetlink Services (25) Pty. Ltd. and the Australian Services Union, allowing them to proceed with the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established