AVK Currumbin Pty Ltd Summary

[2023] FWCA 3003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

AVK Currumbin Pty Ltd

(AG2023/2900)

AVK CURRUMBIN PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 SEPTEMBER 2023

Application for approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the AVK Currumbin Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AVK Currumbin Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

Pursuant to s 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.

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 Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 September 2023 and, in accordance with s 54, will operate from 25 September 2023. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AVK Currumbin Pty Ltd, a company operating in the hospitality sector, sought approval for an enterprise agreement with its employees. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement should be approved. The agreement in question was the AVK Currumbin Pty Ltd Enterprise Agreement 2023, which was being put forward by the company to regulate the terms and conditions of employment for its workforce.

The central legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider if the agreement met the criteria for being a "simple, clear and concise" document, and if it provided adequate protection for the employees' rights and interests. Furthermore, the Commission had to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith.

The Fair Work Commission carefully examined the provisions of the proposed agreement, considering its simplicity, clarity, and conciseness. The Commission also assessed whether the agreement provided adequate protections for the employees, taking into account the specific nature of the hospitality industry and the working conditions of the employees. After thorough analysis, the Commission found that the agreement was in compliance with the Fair Work Act 2009 and that it was in the best interests of the employees. The Commission concluded that the agreement was fair and reasonable, and therefore approved the AVK Currumbin Pty Ltd Enterprise Agreement 2023.

The Fair Work Commission ordered the approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2023, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the employees of AVK Currumbin Pty Ltd, ensuring that both the company and its workforce have a clear understanding of their respective rights and obligations.

AVK Currumbin Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established