DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JR Straight Up Access Pty Ltd
(AG2019/1374)

STRAIGHT UP ACCESS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 JULY 2019

Application for approval of the Straight Up Access Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Straight Up Access Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by JR Straight Up Access Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2019. The nominal expiry date of the Agreement is 15 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JR Straight Up Access Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Straight Up Access Enterprise Agreement 2018, which was to apply to employees of JR Straight Up Access Pty Ltd and Straight Up Access (NSW) Pty Ltd. The dispute arose between the applicant and the Australian Services Union, which represented the employees, over the terms of the agreement. The FWC was required to decide whether the agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth) for it to be approved.

The key issue before the FWC was whether the agreement provided for the mandatory bargaining subjects to be addressed in a manner consistent with the requirements of the Fair Work Act. The FWC considered the submissions of both parties, the evidence presented, and relevant case law. The FWC found that the agreement provided for the mandatory bargaining subjects in a manner consistent with the requirements of the Act, and that it met the criteria for approval under section 230 of the Fair Work Act.

Accordingly, the FWC approved the Straight Up Access Enterprise Agreement 2018. The FWC made an order that the agreement be approved as a registered agreement under Part 2-6 of the Fair Work Act, and that it be registered by the Commission. The order also provided for the agreement to come into effect on 1 January 2019.

JR Straight Up 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