Access Industries for the Disabled Ltd
[2024] FWCA 3500
•4 OCTOBER 2024
| [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.
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