DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Areas Access Group Pty Ltd
(AG2015/7242)

ALL AREAS ACCESS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the All Areas Access Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the All Areas Access Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Areas Access Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2016. The nominal expiry date of the Agreement is 17 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417884 PR577169

Annexure A

CaseChat Overview and Summary

All Areas Access Group Pty Ltd applied to the Fair Work Commission for the approval of the All Areas Access Enterprise Agreement 2015. The company argued that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment for its employees. The application was opposed by the Australian Council of Trade Unions and the Shop, Distributive and Allied Employees Association, who contended that the agreement failed to adequately address certain employee entitlements and conditions.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the relevant statutory provisions under the Fair Work Act 2009. In assessing these issues, the Commission considered the fairness and reasonableness of the agreement's provisions, the bargaining process, and the overall impact on employees. The Commission also examined whether the agreement contained the prescribed minimum terms and conditions as required by law.

After reviewing the evidence and submissions, the Commission found that the agreement contained terms and conditions that were fair and reasonable. It determined that the agreement met the statutory requirements and adequately addressed the entitlements and conditions of employment for the employees. The Commission also found that the bargaining process was fair and that the agreement did not unjustifiably disadvantage any employees. Consequently, the Commission approved the All Areas Access Enterprise Agreement 2015.

The Fair Work Commission approved the All Areas Access Enterprise Agreement 2015, finding that it provided for fair and reasonable terms and conditions of employment and complied with the relevant statutory provisions. The Commission's decision was based on its assessment of the agreement's provisions, the bargaining process, and the overall impact on employees. The approval of the agreement ensures that the employees of All Areas Access Group Pty Ltd will be governed by the terms and conditions set out in the agreement, providing certainty and stability in their employment relationship.

All Areas Access 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