DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anytime Access Pty Ltd
(AG2019/438)

ANYTIME ACCESS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Anytime Access Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Anytime Access Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Anytime Access Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 May 2019. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Anytime Access Pty Ltd for the approval of an enterprise agreement covering the period 2019 to 2023. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The applicant, Anytime Access Pty Ltd, sought to have the enterprise agreement approved to regulate the terms and conditions of employment for its employees. The dispute arose from objections to certain provisions of the proposed agreement by a group of employees represented by a union.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement had been made in good faith and whether it contained the minimum terms and conditions as stipulated by the Act. The Commission also considered whether the agreement fairly reflected the balance of power between the employer and employees and whether it provided for an effective mechanism for the resolution of disputes.

The Fair Work Commission found that the enterprise agreement met the criteria for approval. The Commission determined that the agreement was made in good faith and contained all the minimum terms and conditions required by the Fair Work Act 2009. It also concluded that the agreement did not unjustifiably disadvantage any party and provided for an effective mechanism for the resolution of disputes. The Commission was satisfied that the agreement fairly reflected the balance of power between the employer and employees, taking into account the parties' relative bargaining power and the nature of the enterprise.

As a result, the Fair Work Commission approved the Anytime Access Pty Ltd Enterprise Agreement 2019 - 2023, effective from the date of the decision. The agreement will now regulate the terms and conditions of employment for the employees covered by the agreement, subject to the provisions of the Fair Work Act 2009.

Anytime Access 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