Assetlink Services (25) Pty. Ltd. T/A Assetlink Village Services

[2024] FWCA 4600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Assetlink Services (25) Pty. Ltd. T/A Assetlink Village Services

(AG2024/4338)

ASSETLINK VILLAGE SERVICES WA ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER LIM	PERTH, 19 DECEMBER 2024

Application for approval of the Assetlink Village Services WA Enterprise Agreement 2024.

Assetlink Services (25) Pty. Ltd. T/A Assetlink Village Services (the Applicant) has made an application for the approval of an enterprise agreement known as the name of Assetlink Village Services WA Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is “Assetlink Village Services Enterprise Agreement 2024” whilst the Agreement title in clause 1.1 is “Assetlink Village Services Western Australia Enterprise Agreement 2024”. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 19 December 2024 and, in accordance with s 54, will operate from 26 December 2024. The nominal expiry date of the Agreement is 19 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Assetlink Services (25) Pty. Ltd., trading as Assetlink Village Services, the applicant sought approval for the Assetlink Village Services WA Enterprise Agreement 2024. The primary dispute involved the application's compliance with relevant legislative requirements and the fairness of the agreement's terms as they pertained to the employees covered by the enterprise agreement. The case was heard in the Fair Work Commission.

The legal issues central to this case included whether the enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009, particularly focusing on the provisions concerning remuneration, working conditions, and procedural fairness. The Commission had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements of the Act. Additionally, the court examined whether the agreement adequately protected the interests of both the employer and the employees.

The Fair Work Commission, in its decision, closely analysed the provisions of the enterprise agreement against the statutory benchmarks. It found that the agreement, while generally fair, contained certain clauses that did not adequately protect employee rights in specific areas. The Commission made amendments to those clauses to ensure compliance with the Act. After the necessary adjustments, the Commission concluded that the agreement met the statutory requirements for approval. The court emphasised the importance of good faith negotiations and the need for balanced terms that reflect the interests of both parties.

The Fair Work Commission approved the Assetlink Village Services WA Enterprise Agreement 2024, subject to the amendments made to specific clauses. The Commission mandated that these changes be implemented to address the identified deficiencies, ensuring that the agreement would now comply with the Fair Work Act 2009. The decision underscored the necessity for continued vigilance in monitoring the application of enterprise agreements to protect the rights of employees and employers alike.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established