Instant Access Australia Pty Ltd Summary

[2023] FWCA 1023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Instant Access Australia Pty Ltd

(AG2023/797)

INSTANT ACCESS AUSTRALIA MELBOURNE WORKSHOP COLLECTIVE AGREEMENT 1 JULY 2022 - 30 JUNE 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 6 APRIL 2023

Application for approval of the Instant Access Australia Melbourne Workshop Collective Agreement 1 July 2022 - 30 June 2025.

An application has been made for approval of an enterprise agreement known as the Instant Access Australia Melbourne Workshop Collective Agreement 1 July 2022 - 30 June 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Instant Access Australia Pty Ltd. The Agreement is a single enterprise agreement.

The employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 6 April 2023 and, in accordance with s.54 of the Act, will operate from 13 April 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Instant Access Australia Pty Ltd applied for the approval of the Instant Access Australia Melbourne Workshop Collective Agreement 2022-2025. The application was opposed by the Transport Workers Union of Australia. The Fair Work Commission heard the matter. The Commission was required to determine whether the agreement promoted or facilitated the efficient and productive operation of the enterprise. The application was made under section 232 of the Fair Work Act 2009. The application was made under section 232 of the Fair Work Act 2009. The Commission found that the application met the requirements of section 232 of the Fair Work Act 2009. The Commission found that the agreement promoted the efficient and productive operation of the enterprise. The Commission found that the agreement facilitated the efficient and productive operation of the enterprise. The Commission found that the agreement met the requirements of section 233 of the Fair Work Act 2009. The Commission found that the agreement provided for genuine collective bargaining between the parties. The Commission found that the agreement was not prejudicial to the efficient and productive operation of the enterprise. The Commission found that the agreement was not contrary to public policy. The Commission approved the agreement.

Instant Access Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established