DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Safety Services Pty Ltd
(AG2020/562)

AMWU AND THE ACCESS SAFETY SERVICES COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 MARCH 2020

Application for approval of the AMWU and the ACCESS SAFETY SERVICES Collective Bargaining Workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the ACCESS SAFETY SERVICES Collective Bargaining Workshop 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 Access Safety Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 24 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Access Safety Services Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) brought an application before the Fair Work Commission, seeking approval of the ACCESS SAFETY SERVICES Collective Bargaining Workshop Agreement 2020. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding the process by which the agreement was formed and its contents. The AMWU argued that the agreement was the product of a genuine collective bargaining process and was in the best interests of the employees it represented. Access Safety Services Pty Ltd contested the validity of the agreement, raising concerns about procedural fairness and the adequacy of the bargaining process.

The Commission considered whether the agreement was the result of genuine collective bargaining and if it adhered to the procedural and substantive requirements set out in the Fair Work Act. The Commission examined the evidence provided by both parties, including the negotiation process, the participation of the employees, and the fairness of the terms of the agreement. The AMWU presented evidence that the agreement was negotiated in good faith, with adequate employee representation and consultation. Access Safety Services Pty Ltd argued that the process was flawed, alleging that key employees were not properly consulted and that the terms of the agreement did not adequately reflect the interests of the employees.

The Fair Work Commission found that the agreement was indeed the result of genuine collective bargaining. The Commission acknowledged the evidence of proper consultation and negotiation processes, as well as the comprehensive nature of the agreement which addressed key terms and conditions of employment. The Commission was satisfied that the agreement met the necessary legal standards and was in the best interests of the employees. The application for approval of the agreement was therefore approved, and the ACCESS SAFETY SERVICES Collective Bargaining Workshop Agreement 2020 was formally recognised.

The final orders of the Commission were that the ACCESS SAFETY SERVICES Collective Bargaining Workshop Agreement 2020 be approved and registered, effective from the date of the decision. The agreement was to be treated as a certified agreement under the Fair Work Act, with the terms and conditions it contained to be binding on all parties involved. The decision provided clarity and certainty for both the AMWU and Access Safety Services Pty Ltd, resolving the dispute and establishing a framework for future collective bargaining processes.

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