DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AZ-NSW Pty Ltd T/A Azura Fresh
(AG2018/7439)

AZURA FRESH ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2019

Application for approval of the Azura Fresh Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Azura Fresh 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 AZ-NSW Pty Ltd T/A Azura Fresh. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, AZ-NSW Pty Ltd trading as Azura Fresh, applied for approval of the Azura Fresh Enterprise Agreement 2019. The respondent, Liquor, Hospitality and Miscellaneous Workers’ Union, opposed the application on various grounds. The dispute was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including those relating to minimum wages, penalty rates, and employee entitlements. The respondent argued that the agreement failed to adequately protect employee rights and provided insufficient protections against exploitation.

In considering the application, the Commission examined the terms of the agreement and the evidence presented by both parties. The Commission found that while there were some areas of concern, the agreement overall provided fair and reasonable terms for employees. The Commission approved the agreement, subject to minor modifications to address the respondent's concerns. These modifications included adjustments to shift differentials and additional protections for employees working irregular hours.

The Fair Work Commission approved the Azura Fresh Enterprise Agreement 2019, subject to certain modifications. These modifications addressed the respondent's concerns about employee entitlements and protections. The Commission found that the agreement, as modified, provided fair and reasonable terms for employees and complied with the requirements of the Fair Work Act 2009.

AZ-NSW Pty Ltd T/A Azura Fresh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established