DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Alland Group Pty Ltd
(AG2020/391)

ALLAND GROUP PTY LTD ENTERPRISE AGREEMENT – 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the Alland Group Pty Ltd Enterprise Agreement – 2019-2023.

[1] An application has been made for the approval of an enterprise agreement known as the Alland Group Pty Ltd Enterprise Agreement – 2019-2023 (‘the Agreement’). The application was made by Alland GroupPty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Alland Group Pty Ltd for the approval of an enterprise agreement between the company and its employees for the period 2019 to 2023. The application was heard by the Fair Work Commission, the body responsible for regulating workplace relations in Australia. The dispute arose from a disagreement between the parties regarding the terms and conditions of employment, specifically in relation to pay rates, working hours, and other employment conditions.

The primary legal issues before the Commission were whether the proposed enterprise agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and met all the necessary criteria for approval. The respondent, on the other hand, raised concerns about the fairness of the agreement, particularly in relation to the pay rates and the impact on the employees' working conditions.

In its decision, the Commission found that the agreement was made in good faith and that all the necessary procedural requirements were met. The Commission also found that the agreement met all the relevant criteria for approval under the Fair Work Act, including the requirement that the agreement provides for the "proper and effective resolution of any dispute between the employer and employees". The Commission noted that the agreement contained provisions for the resolution of disputes between the parties, including the establishment of a dispute resolution committee and the right to lodge a dispute with the Fair Work Commission. The Commission also found that the agreement provided for the protection of employees' rights and interests, including provisions for minimum working hours and overtime pay. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between Alland Group Pty Ltd and its employees for the period 2019 to 2023. The Commission found that the agreement was made in good faith and met all the necessary criteria for approval under the Fair Work Act. The approval of the agreement provides certainty and stability for both the employer and employees, and ensures that the terms and conditions of employment are set out in a legally binding agreement.

Alland Group 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