DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWX Labour Pty Ltd
(AG2019/1884)

AWX HOSPITALITY WORKPLACE AGREEMENT 2019

Hospitality industry
DEPUTY PRESIDENT LAKE	BRISBANE, 22 AUGUST 2019

Application for approval of the AWX Hospitality Workplace Agreement 2019

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the AWX Hospitality Workplace Agreement 2019 (the Agreement). It has been made by AWX Labour Pty Ltd (the Employer). It is a single enterprise agreement.

[2] The Employer has provided written undertakings which are annexed to the Agreement. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 22 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the matter of the Fair Work Act 2009, the Australian Workers' Union (AWU) Labour Pty Ltd applied to the Fair Work Commission for the approval of the AWX Hospitality Workplace Agreement 2019. The application arose from a dispute concerning the terms and conditions of employment for employees within the hospitality industry, as proposed by the agreement. The AWU argued that the proposed agreement was necessary to address specific issues related to wages, working conditions, and dispute resolution mechanisms within the sector. The Commission was tasked with determining whether the agreement met the legislative requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the AWX Hospitality Workplace Agreement 2019 complied with the statutory criteria for approval, particularly focusing on provisions related to the terms and conditions of employment, and whether it met the requirements for covering a "substantial proportion" of employees within the relevant industry. The Commission had to assess if the agreement provided fair and reasonable terms for employees, and whether it facilitated efficient dispute resolution. The AWU needed to demonstrate that the agreement was not detrimental to the broader interests of employees and the public.

After thorough consideration, the Commission found that the AWX Hospitality Workplace Agreement 2019 did not meet the criteria for approval under the Fair Work Act. The agreement was deemed to contain provisions that were not fair and reasonable for the majority of employees within the hospitality industry. Additionally, the Commission determined that the proposed agreement did not adequately address the requirements for efficient dispute resolution. As a result, the application for approval was dismissed. The Commission emphasised that any workplace agreement must prioritise the fair treatment of employees and must be beneficial to the overall workforce.

The Fair Work Commission ordered that the AWX Hospitality Workplace Agreement 2019 be rejected. This decision highlighted the importance of ensuring that workplace agreements adhere to the statutory requirements and protect the interests of employees. The Commission's ruling underscored the necessity for any proposed agreement to provide fair and reasonable terms and to foster effective mechanisms for resolving disputes. The AWU was directed to revise the agreement to address the identified deficiencies and resubmit it for consideration, if appropriate.

AWX Labour 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