DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AVK Currumbin Pty Ltd
(AG2019/1295)

AVK CURRUMBIN PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 MAY 2019

Application for approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AVK Currumbin Pty Ltd Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

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

[3] 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.

[4] 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.

[5] The Agreement was approved on 8 May 2019 and, in accordance with s.54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AVK Currumbin Pty Ltd sought approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2019, which aimed to regulate the employment terms of its workers. The application was brought before the Fair Work Commission, the court tasked with overseeing such agreements under the Fair Work Act 2009. The primary legal issues revolved around whether the agreement complied with the statutory requirements, particularly concerning its negotiation process, and whether it met the good faith bargaining standards mandated by the Act.

The court examined the process through which the agreement was negotiated, assessing if it adhered to the provisions of the Act. Key considerations included whether the parties had genuinely negotiated in good faith, if the agreement was made in a manner free from coercion or undue influence, and if it covered the appropriate subjects as outlined by the Act. Additionally, the court scrutinised whether the agreement provided fair and reasonable terms and conditions for the employees involved.

After a thorough review, the Fair Work Commission found that the AVK Currumbin Pty Ltd Enterprise Agreement 2019 was negotiated in good faith and complied with the statutory requirements. The court determined that the negotiation process was fair and transparent, and the agreement contained terms and conditions that were reasonable for the employees. Consequently, the court approved the enterprise agreement, allowing it to take effect as a binding contract between the employer and the employees.

The Fair Work Commission's final orders included the approval of the AVK Currumbin Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. This approval meant that the agreement would govern the employment terms of the workers, provided it was not superseded by a future agreement or changed through further negotiations.

AVK Currumbin 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