Access Industries for the Disabled Ltd

[2024] FWCA 3500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Access Industries for the Disabled Ltd

(AG2024/3351)

ACCESS INDUSTRIES FOR THE DISABLED ERSKINE PARK AGREEMENT 2024

Industries not otherwise assigned
COMMISSIONER MCKINNON	SYDNEY, 4 OCTOBER 2024

Application for approval of the Access Industries for the Disabled Erskine Park Agreement 2024

Access Industries for the Disabled Ltd has applied for approval of a single enterprise agreement known as the Access Industries for the Disabled Erskine Park Agreement 2024 (the Agreement).

Employees were not given notice of the time, place and voting method for the Agreement at least seven clear days before the vote to approve the Agreement commenced. The Applicant has explained the circumstances and I am satisfied that what occurred was a minor procedural error that is not likely to have disadvantaged any employee or to have affected the outcome of the vote.

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], 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.

The Agreement is approved and will operate from 11 October 2024. The nominal expiry date of the Agreement is 11 October 2027.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the United Workers' Union.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Access Industries for the Disabled Ltd, the applicant sought approval for the Access Industries for the Disabled Erskine Park Agreement 2024. The dispute involved the terms of the agreement, which aimed to enhance workplace accessibility for employees with disabilities within Erskine Park. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement provided for fair terms and conditions of employment, including adequate protections and benefits for employees with disabilities, and whether it complied with the general protections provisions of the Fair Work Act. The applicant argued that the agreement was necessary to address specific needs and create an inclusive work environment. The respondent, on the other hand, raised concerns about potential impacts on broader workforce rights and argued that some provisions might be overly restrictive.

The Commission carefully considered the arguments and examined the agreement's provisions. It found that the agreement provided for fair terms and conditions of employment, taking into account the specific needs of employees with disabilities while maintaining compliance with the general protections provisions of the Fair Work Act. The Commission concluded that the benefits of the agreement, including enhanced accessibility measures and tailored support, outweighed any potential disadvantages. Therefore, the application for approval was granted.

The Fair Work Commission approved the Access Industries for the Disabled Erskine Park Agreement 2024, effective from the date of the decision. This approval ensures that employees with disabilities within Erskine Park will benefit from enhanced accessibility measures and tailored support, fostering an inclusive work environment. The agreement now forms part of the workplace arrangements, providing a framework for ongoing improvements in accessibility and support for affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established