Alitech Commercial Pty Ltd

[2018] FWCA 534

The attached document replaces the document previously issued with the above code on 25 January 2018.

The applicant name has been corrected from ‘De Young Family Trust & The trustee for the Cunningham Family Trust T/A Ali-Tech’ to ‘Alitech Commercial Pty Ltd’.

Member Assist
On Behalf of Deputy President Masson

Dated 2 March 2018

[2018] FWCA 534

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Alitech Commercial Pty Ltd

(AG2017/4215)

Ali-Tech Enterprise Agreement 2017 - 2021

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 25 JANUARY 2018

Application for approval of the Ali-Tech Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Ali-Tech Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alitech Commercial Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 24 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Alitech Commercial Pty Ltd was the applicant seeking the approval of the Ali-Tech Enterprise Agreement 2017 - 2021. The respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the statutory requirements for approval, specifically whether it provided for the protection of employees' interests and whether it had been made in good faith.

The primary legal issues before the court were whether the agreement had been made in good faith and whether it adequately protected the interests of the employees. The CFMEU argued that the agreement did not provide sufficient protections for employees, particularly in relation to working conditions and job security. The applicant contended that the agreement was fair and reasonable and that it had been made in good faith.

The court found that the agreement had been made in good faith and that it provided adequate protections for employees. The court noted that the agreement contained provisions for the protection of employees' interests, including provisions for minimum working hours, reasonable notice of termination, and provisions for redundancy payments. The court also found that the agreement had been made through a genuine process of negotiation between the parties. The court was satisfied that the agreement met the statutory requirements for approval and granted the application for approval. The court ordered that the Ali-Tech Enterprise Agreement 2017 - 2021 be approved as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established