AVK Currumbin Pty Ltd

[2024] FWCA 4315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AVK Currumbin Pty Ltd

(AG2024/4390)

AVK CURRUMBIN PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 DECEMBER 2024

Application for approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the AVK Currumbin Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by AVK Currumbin Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Agreement does not contain a delegates’ rights term pursuant to s.205A, and on that basis the term in the relevant modern award will apply.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from 11 December 2024. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by AVK Currumbin Pty Ltd for the approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for the workers covered by the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the agreement was made in good faith, whether it provided for the proper classification of employees, and if it met the "better off overall test." Additionally, the Commission considered whether the agreement adhered to the provisions set out in the Fair Work Act, including the requirement for minimum entitlements and protections for employees.

The Commission found that the AVK Currumbin Pty Ltd Enterprise Agreement 2024 was made in good faith and that it provided for the proper classification of employees. The Commission also concluded that the agreement met the better off overall test, as it provided for a fair and reasonable outcome for the employees, taking into account their current conditions of employment and any changes proposed in the agreement. The Commission noted that the agreement contained provisions that were consistent with the Fair Work Act and provided for minimum entitlements and protections for employees. Consequently, the Commission approved the AVK Currumbin Pty Ltd Enterprise Agreement 2024.

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