DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alimak Group Australia Pty Ltd T/A Alimak Group
(AG2019/1248)

ALIMAK GROUP AUSTRALIA PTY LTD & ETU QUEENSLAND ENTERPRISE AGREEMENT 2019-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2019-2021 (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 T/A Alimak Group. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] 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 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Alimak Group Australia Pty Ltd, trading as Alimak Group, applied to the Fair Work Commission for approval of the Alimak Group Australia Pty Ltd and ETU Queensland Enterprise Agreement 2019-2021. The Australian Manufacturing Workers' Union and the Electrical Trades Union of Australia, on behalf of their members, sought to intervene in the application. The dispute centred on the terms and conditions of employment for workers within the agreement, specifically the classification of certain roles and the associated wage rates.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The interveners argued that the agreement did not fairly and accurately reflect the terms and conditions of employment, particularly in relation to the classification of roles and wage rates. The interveners contended that the agreement failed to meet the 'better off overall test', as required by the Act, as it did not provide employees with a net gain in their conditions of employment.

In its decision, the Fair Work Commission examined the terms of the proposed agreement in detail, considering the evidence and arguments presented by both parties. The Commission concluded that the agreement met the requirements of the Act, including the 'better off overall test'. The Commission found that the agreement provided for a fair and accurate reflection of the terms and conditions of employment for the workers covered by the agreement. The Commission approved the Alimak Group Australia Pty Ltd and ETU Queensland Enterprise Agreement 2019-2021, dismissing the interveners' objections.

Alimak Group Australia Pty Ltd T/A Alimak Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established