DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Instant Access Australia Pty Ltd T/A Instant Access
(AG2016/136)

INSTANT ACCESS AUSTRALIA MELBOURNE WORKSHOP COLLECTIVE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the Instant Access Australia Melbourne Workshop Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Instant Access Australia Melbourne Workshop Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Instant Access Australia Pty Ltd T/A Instant Access. 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417713 PR576770

CaseChat Overview and Summary

Instant Access Australia Pty Ltd T/A Instant Access sought approval of the Instant Access Australia Melbourne Workshop Collective Agreement 2015-2018. The applicant applied to the Fair Work Commission for the agreement to be approved, seeking to have it registered with the Commission. The applicant argued that the agreement contained appropriate provisions and met the necessary conditions for approval. The Australian Manufacturing Workers' Union and the Retail and Fast Food Workers Union objected to the approval of the agreement on the grounds that it did not provide adequate protections for employees and was not made in good faith.

The Fair Work Commission was required to determine whether the agreement was made in good faith, and whether it contained appropriate provisions, including provisions for minimum rates of pay, maximum ordinary hours of work, and the handling of disputes. The Commission also had to consider whether the agreement was in the best interests of the employees, and whether it was appropriate for registration. The central issue was whether the agreement provided sufficient protections for employees, particularly in relation to the payment of penalty rates.

The Fair Work Commission found that the agreement was made in good faith, and contained appropriate provisions for minimum rates of pay, maximum ordinary hours of work, and dispute resolution. The Commission noted that while the agreement did not provide for penalty rates in all circumstances, it provided for a system of loadings and shift allowances that adequately compensated employees for working outside of standard hours. The Commission also found that the agreement was in the best interests of the employees, and was appropriate for registration. The application for approval of the agreement was therefore successful.

The Fair Work Commission approved the application and registered the agreement with the Commission. The agreement will now be binding on the parties and will regulate the employment conditions of the employees covered by the agreement. The decision provides guidance on the types of provisions that are appropriate in a collective agreement, and the considerations that the Commission will take into account when deciding whether to approve and register an agreement.

Instant Access Australia Pty Ltd T/A Instant Access

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established