Luv-A-Duck Pty Ltd

[2021] FWCA 6221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luv-A-Duck Pty Ltd
(AG2021/7638)

LUV-A-DUCK PTY LTD (PRODUCTION) ENTERPRISE
AGREEMENT 2020-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 13 OCTOBER 2021

Application for approval of Luv-A-Duck Pty Ltd (Production) Enterprise Agreement 2020-2024

[1] An application has been made for approval of an enterprise agreement known as the Luv-A-Duck Pty Ltd (Production) Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luv-A-Duck Pty Ltd. 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. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] The Notice of Employee Representational Rights was not in the prescribed format. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The United 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 19 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Luv-A-Duck Pty Ltd, which sought approval for its 2020-2024 Enterprise Agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on whether it provided for fair and reasonable terms and conditions of employment. The Commission heard submissions from both Luv-A-Duck and the relevant union, as well as other interested parties, before delivering its decision.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement was fair and reasonable, taking into account the criteria outlined in the Fair Work Act. This involved assessing the agreement against various statutory provisions, including those relating to minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. The Commission also considered whether the agreement provided for appropriate mechanisms to ensure its ongoing compliance with the Act, such as provisions for regular reviews and amendments.

In its decision, the Fair Work Commission found that the 2020-2024 Enterprise Agreement proposed by Luv-A-Duck Pty Ltd was fair and reasonable. The Commission noted that the agreement provided for terms and conditions that were consistent with industry benchmarks and did not disadvantage employees. The Commission also found that the agreement included appropriate mechanisms for ensuring its ongoing compliance with the Fair Work Act, such as provisions for regular reviews and the ability to amend the agreement in light of changes in industry practices or legal requirements. Consequently, the Commission approved the agreement, subject to certain conditions aimed at ensuring its effective implementation and monitoring.

The final orders of the Commission included the approval of the Enterprise Agreement, subject to the conditions set out in the decision. These conditions required Luv-A-Duck to take certain steps to ensure the agreement was implemented effectively and that it remained compliant with the Fair Work Act. The Commission also directed the parties to take steps to facilitate the agreement's operation, including the establishment of a joint committee to oversee its implementation and address any issues that might arise. The decision provided a clear framework for the parties to follow in the administration of the agreement, ensuring that it operated effectively and in accordance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established