Sound Knowledge Pty Ltd T/A Australian Camp Services

[2023] FWCA 2111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sound Knowledge Pty Ltd T/A Australian Camp Services

(AG2023/2061)

ACS WMP AGREEMENT 2023

Hospitality industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 JULY 2023

Application for approval of the ACS WMP Agreement 2023

An application has been made for approval of an enterprise agreement known as the ACS WMP Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 8 June 2023.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to subsection 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 Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 July 2023. The nominal expiry date of the Agreement is 10 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Sound Knowledge Pty Ltd, trading as Australian Camp Services, and its application for the approval of the Australian Camp Services Workplace Agreements (ACS WMP Agreement 2023). The dispute centred around the proposed workplace agreements that would apply to employees classified as "Workers" under the agreement. The applicants sought the Commission's approval to implement these agreements, which aimed to govern the terms and conditions of employment for the affected workers.

The primary legal issue before the Commission was whether the proposed agreements met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreements were "better off overall" for the workers, as mandated by the legislation. This involved assessing the terms and conditions of the proposed agreements against those of the applicable Award and any other relevant agreements. The Commission had to ensure that the agreements provided a fair and reasonable balance of benefits and obligations for both parties, ultimately determining whether the workers would be better off overall by entering into the proposed agreements.

In reaching its decision, the Commission considered various factors, including the terms and conditions of the proposed agreements, the applicable Award, and the views of the workers. The Commission noted that the proposed agreements provided for a range of benefits, including increased wages, improved working conditions, and enhanced job security. The Commission was satisfied that the proposed agreements were better off overall for the workers, as they provided a fair and reasonable balance of benefits and obligations. Consequently, the Commission approved the ACS WMP Agreement 2023, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Australian Camp Services Workplace Agreements (ACS WMP Agreement 2023) and ordered that it be registered and made binding on the parties from the effective date. This decision provided certainty and stability for both the employer and the workers, ensuring that the terms and conditions of employment were governed by a fair and reasonable agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established