DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Instant Access Australia Pty Ltd
(AG2019/1183)

INSTANT ACCESS AUSTRALIA MELBOURNE WORKSHOP COLLECTIVE AGREEMENT 2018-2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 4 JULY 2019

Application for approval of the Instant Access Australia Melbourne Workshop Collective Agreement 2018-2022.

[1] Application has been made for approval of a single enterprise agreement known as the Instant Access Australia Melbourne Workshop Collective Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Instant Access Australia Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Instant Access Australia Pty Ltd, applied for the approval of the Instant Access Australia Melbourne Workshop Collective Agreement 2018-2022. The agreement was submitted for approval under section 230 of the Fair Work Act 2009. The applicant contended that the agreement was a simple, fair, and reasonable agreement that met all the requirements of the Act. The applicant also argued that the agreement was necessary to improve the productivity and efficiency of the business.

The primary legal issues the commission was required to decide were whether the agreement met the requirements of the Fair Work Act 2009, including the "better off overall test" and the "good faith" requirement. The commission also had to determine whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

The commission found that the agreement met the "better off overall test" and that it was a fair and reasonable agreement. The commission also found that the agreement contained provisions that were contrary to public policy, including provisions that allowed the applicant to unilaterally change the terms and conditions of employment. However, the commission found that these provisions were not significant enough to render the entire agreement unlawful. The commission approved the agreement, subject to certain modifications to address the public policy concerns.

The final orders of the commission were that the agreement be approved, subject to certain modifications. The modifications included removing the provisions that allowed the applicant to unilaterally change the terms and conditions of employment. The applicant was required to provide the commission with a copy of the modified agreement within 14 days of the decision.

Instant Access Australia 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