DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Absolute Commissioning Group Pty Ltd T/A ACOM Group
(AG2021/83)

ACOM ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 9 MARCH 2021

Application for approval of the ACOM Group Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ACOM Group Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Absolute Commission Group 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, with the provision of a written undertaking from the Applicant addressing miscellaneous matters. A copy of the undertaking is attached to this decision, and marked “Annexure A.” I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 16 March 2021. The nominal expiry date of the Agreement is 16 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Absolute Commissioning Group Pty Ltd trading as ACOM Group, the Fair Work Commission was asked to consider the application for approval of the ACOM Group Enterprise Agreement 2020. The dispute arose from negotiations between the applicant employer and its employees, represented by a union, regarding the terms and conditions of employment. The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and provided for the fair and reasonable terms and conditions of employment.

The legal issues involved assessing whether the agreement complied with procedural requirements, including the provisions on good faith bargaining, and whether the terms of the agreement were fair and reasonable in all respects. The Commission also had to consider the impact of the agreement on the employees, the employer's business, and the broader industrial relations landscape. The applicant argued that the agreement reflected a genuine effort to reach a fair and reasonable outcome for all parties, while the union contended that certain provisions were not adequately protective of employee interests.

The Commission found that the applicant had engaged in good faith bargaining and that the agreement contained provisions that were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement included provisions that allowed for flexibility in the workplace, which the employer argued was necessary for the efficient operation of its business. After careful consideration of all submissions and evidence, the Commission approved the ACOM Group Enterprise Agreement 2020, determining that it met the requirements of the Fair Work Act 2009.

The Commission's decision was based on a detailed analysis of the agreement's provisions, the evidence presented by both parties, and relevant legal principles. The Commission emphasised the importance of good faith bargaining and the need for enterprise agreements to strike a balance between the interests of employers and employees. The Commission's approval of the ACOM Group Enterprise Agreement 2020 provides a framework for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Absolute Commissioning Group Pty Ltd T/A ACOM Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established