Aussie World Pty Ltd & Timevale Pty Ltd T/A Aussie World and the Banana Bender Pub

[2024] FWCA 1855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aussie World Pty Ltd & Timevale Pty Ltd T/A Aussie World and the Banana Bender Pub

(AG2024/1443)

AUSSIE WORLD - ENTERPRISE AGREEMENT 2024

Amusement, events and recreation industry
COMMISSIONER TRAN	MELBOURNE, 21 MAY 2024

Application for approval of the Aussie World - Enterprise Agreement 2024

Aussie World Pty Ltd and Timevale Pty Ltd trading as Aussie World and the Banana Bender Pub has applied for approval of an enterprise agreement known as the Aussie World - Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).
The Agreement is a single enterprise agreement. There are two employers, who are related employers within the meaning of s 172(5A) as they are related bodies corporate.

The Employer 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. The undertakings are taken to be a term of the agreement.

The application was not lodged within 14 days after the Agreement was made. Submissions were made about the reasons for the delay being the Applicants’ representatives’ ill health and that the cohort of employee who made the Agreement remained the same from the date of the Agreement was made until the application for approval. Under s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

I note that Clause 6.1.7 relating to the withholding of monies at termination is inconsistent with the National Employment Standards and s 324 of the Act, and as such unenforceable under s 326. Given the undertakings provided in Annexure A, I am satisfied that this issue is resolved.

Subject to the undertakings and other matters 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.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 May 2024.

In accordance with Clause 1.3.2, the nominal expiry date of the Agreement is 1 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Aussie World Pty Ltd and Timevale Pty Ltd, trading as Aussie World and the Banana Bender Pub, applied to the Fair Work Commission for approval of the Aussie World - Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, and the dispute involved whether the proposed agreement met the necessary criteria for approval, including that it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the proposed agreement satisfied the "better off overall test" and whether it included appropriate provisions for minimum entitlements, such as minimum wages, leave entitlements, and penalty rates. The Commission also had to consider whether the agreement was consistent with the objects of the Fair Work Act, which include promoting higher wages and better conditions of employment.

The Commission found that the proposed agreement met the "better off overall test," as it provided for terms and conditions that were at least as favourable as the relevant awards or other agreements. The agreement included provisions for minimum wages, leave entitlements, and penalty rates that were consistent with the Fair Work Act. The Commission also determined that the agreement was consistent with the objects of the Act, promoting higher wages and better conditions of employment for the employees. Consequently, the Commission approved the Aussie World - Enterprise Agreement 2024.

The final orders of the Commission were that the Aussie World - Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement would now apply to the employees of Aussie World Pty Ltd and Timevale Pty Ltd, trading as Aussie World and the Banana Bender Pub, and would provide the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established