DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Engineering Group Pty Ltd
(AG2017/4361)

ACCESS ENGINEERING GROUP LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Access Engineering Group Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Access Engineering Group Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Access Engineering Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 12 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Access Engineering Group Pty Ltd applied to the Fair Work Commission for approval of the Access Engineering Group Ltd Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms of the proposed enterprise agreement, particularly concerning wages, hours, and conditions of employment for the workers covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Fair Work Act, particularly in relation to the protection of vulnerable employees. The CFMEU argued that the agreement did not adequately protect the rights of employees, particularly in relation to the classification and remuneration of employees in certain roles. The Commission needed to assess the fairness of the agreement in the context of the broader industrial landscape and the specific circumstances of the parties involved.

After considering the submissions and evidence from both parties, the Fair Work Commission determined that the Access Engineering Group Ltd Enterprise Agreement 2017 was fair and reasonable. The Commission found that the agreement provided for appropriate terms and conditions of employment and did not unfairly disadvantage any employees. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and did not undermine the rights of employees. Consequently, the Commission approved the enterprise agreement.

In approving the agreement, the Fair Work Commission made an order that the Access Engineering Group Ltd Enterprise Agreement 2017 be registered under the Fair Work Act. The agreement came into effect on the date of the Commission's decision and applied to the employees covered by its terms. The decision effectively resolved the dispute between the parties, allowing the enterprise agreement to be implemented in accordance with the approved terms.

Access Engineering Group 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