Alimak Group Australia Pty Ltd Summary

[2022] FWCA 3696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alimak Group Australia Pty Ltd

(AG2022/4104)

Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2022-2025

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 24 OCTOBER 2022

Application for approval of the Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alimak Group 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. 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.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Alimak Group Australia Pty Ltd applied for approval of an Enterprise Agreement with the Electrical Trades Union (Queensland Branch) for the period 2022 to 2025. The agreement was negotiated between the parties to govern the terms and conditions of employment for employees within the Alimak Group Australia Pty Ltd. The primary focus of the application was to ensure the agreement met the legal standards set out in the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the agreement was a "better off overall test" (BOOT) compliant, and whether it complied with the "good faith" requirement under the Fair Work Act. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests, and whether it included provisions for resolving disputes in a fair and efficient manner. The Commission also examined if the agreement provided for the protection of employees' wages and conditions, and if it adhered to the relevant minimum standards.

The Commission found that the agreement satisfied the BOOT, as it provided for fair and reasonable terms and conditions that were better for the employees than the applicable award or registered agreement. The Commission was satisfied that the agreement was negotiated in good faith and that it met the statutory requirements of the Fair Work Act. The Commission also determined that the agreement provided adequate protections for employees' rights and interests, and included mechanisms for resolving disputes. The Commission was satisfied that the agreement provided for the protection of employees' wages and conditions and adhered to the relevant minimum standards. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Alimak Group Australia Pty Ltd and ETU Queensland Enterprise Agreement 2022-2025, finding it to be compliant with the statutory requirements of the Fair Work Act. The Commission determined that the agreement provided fair and reasonable terms and conditions for employees, was negotiated in good faith, and provided adequate protections for employees' rights and interests. The Commission also found that the agreement included mechanisms for resolving disputes and provided for the protection of employees' wages and conditions, in accordance with the relevant minimum standards.

Alimak Group 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