Application by Access Entry Pty Ltd Summary

[2024] FWCA 2312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Access Entry Pty Ltd

(AG2024/2038)

ACCESS ENTRY VICTORIAN ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 JUNE 2024

Application for approval of the Access Entry Victorian Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Access Entry Victorian Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, 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 of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 20 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application by Access Entry Pty Ltd for approval of the Access Entry Victorian Enterprise Agreement 2024 was heard in the Fair Work Commission. The dispute revolves around the validity and appropriateness of the proposed enterprise agreement, which is intended to govern the terms and conditions of employment for the company's employees in Victoria. The application was brought by the employer, Access Entry Pty Ltd, seeking the Commission's endorsement of the agreement, which was negotiated with relevant employee representatives.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been fairly negotiated and if it met the criteria for being a "single interest" enterprise agreement. This involved examining whether the agreement genuinely represented the interests of the employees and was not unduly influenced by the employer. Additionally, the Commission assessed whether the agreement adequately covered the prescribed minimum terms and conditions of employment as stipulated by the Act.

In delivering its decision, the Commission undertook a detailed analysis of the negotiation process and the content of the agreement. It was found that the agreement had been fairly negotiated, with evidence supporting the assertion that the employees' representatives had acted independently and in the best interests of the workforce. The Commission also concluded that the agreement was a "single interest" agreement, as it comprehensively addressed the employees' needs and did not favour the employer disproportionately. Furthermore, the agreement was deemed to cover all the mandatory minimum terms and conditions, thereby satisfying the statutory requirements. Consequently, the Commission approved the Access Entry Victorian Enterprise Agreement 2024, endorsing its implementation.

Application by Access Entry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established