DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assetlink Services (25) Pty Ltd
(AG2020/2794)

ASSETLINK ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 30 OCTOBER 2020

Application for approval of the Assetlink Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Assetlink Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Assetlink Services (25) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 6 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Assetlink Services (25) Pty Ltd was the subject of an application for approval of the Assetlink Enterprise Agreement 2020. The application was made to the Fair Work Commission, which is Australia's workplace relations tribunal. The dispute involved the terms and conditions of employment within the company and the agreement reached between the employer and the employees’ representative.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically regarding its compliance with the provisions for genuine bargaining and the avoidance of underpayment of wages. The Commission had to determine if the agreement was fairly negotiated, if it provided for minimum rates of pay and conditions, and if it was in the best interests of the employees.

The Fair Work Commission found that the Assetlink Enterprise Agreement 2020 was fairly negotiated and met the legislative requirements. The Commission was satisfied that the agreement provided for minimum rates of pay and conditions that were not detrimental to the employees. It also considered that the agreement was in the best interests of the employees as it provided for fair and reasonable terms of employment. Therefore, the Commission approved the agreement, recognising it as a genuine enterprise agreement under the Act.

The Fair Work Commission ordered the approval of the Assetlink Enterprise Agreement 2020, effective from the date of the decision. This decision provides certainty for both the employer and the employees regarding the terms and conditions of employment, ensuring compliance with the Fair Work Act.

Assetlink Services (25) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established