DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Safety Services Pty Ltd
(AG2020/2719)

AMWU & ACCESS SAFETY SERVICES METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 6 OCTOBER 2020

Application for approval of the AMWU & ACCESS SAFETY SERVICES Metal & Engineering On-Site Construction Agreement 2020 - 2023.

[1] Application has been made by Access Safety Services Pty Ltd for approval of a single enterprise agreement known as the AMWU & ACCESS SAFETY SERVICES Metal & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Access Safety Services Pty Ltd, the applicant sought approval for the AMWU & ACCESS SAFETY SERVICES Metal & Engineering On-Site Construction Agreement 2020 - 2023. The Australian Building and Construction Commission (ABCC) was responsible for assessing the agreement's compliance with the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) and the applicant company were the parties involved in the dispute. The central legal issue was whether the agreement met the requirements of section 235 of the Fair Work Act, particularly if it provided for fair and reasonable terms and conditions of employment.

The court examined the agreement's provisions and the arguments presented by the AMWU and the applicant. The AMWU argued that certain terms of the agreement did not adequately protect employees' rights and were not fair and reasonable. The applicant, on the other hand, maintained that the agreement was in the best interests of the employees and provided adequate protections. The court considered various factors, including the bargaining power of the parties, the nature of the industry, and the terms of the agreement. After careful consideration, the court found that the agreement contained provisions that were not fair and reasonable and did not meet the requirements of section 235 of the Fair Work Act.

The court concluded that the AMWU & ACCESS SAFETY SERVICES Metal & Engineering On-Site Construction Agreement 2020 - 2023 did not provide for fair and reasonable terms and conditions of employment. Consequently, the court refused to approve the agreement. The court emphasised the importance of ensuring that agreements comply with the Fair Work Act and protect the rights of employees. This decision highlights the importance of carefully reviewing and assessing agreements to ensure they meet the necessary legal standards.

Access Safety Services 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