Alland Group Pty Ltd

[2013] FWCA 9192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alland Group Pty Ltd
(AG2013/10683)

ALLAND GROUP PTY LTD ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Alland Group Pty Ltd Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alland Group Pty Ltd Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alland Group Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 20 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Alland Group Pty Ltd, the applicant, who sought approval for an enterprise agreement from the Fair Work Commission (FWC). The agreement in question, the Alland Group Pty Ltd Enterprise Agreement 2013-2016, was to govern the employment terms of certain employees within the company. The FWC was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement fulfilled the requirements set forth in the Fair Work Act, particularly concerning the procedural fairness in the negotiation process and the content of the agreement itself. The FWC had to assess whether the agreement was genuinely negotiated and whether it complied with the provisions of the Act, including the protection of employees' rights and interests.

The FWC found that the negotiation process was conducted in good faith and that the agreement was genuinely negotiated between the parties. The FWC also determined that the agreement met the procedural fairness requirements and did not disadvantage employees. Additionally, the FWC concluded that the agreement complied with the substantive provisions of the Fair Work Act, including those concerning minimum entitlements and other rights of employees. Consequently, the FWC approved the Alland Group Pty Ltd Enterprise Agreement 2013-2016.

The FWC issued an order approving the Alland Group Pty Ltd Enterprise Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission Registry, and it would govern the employment terms of the relevant employees until the end of its term or until a new agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established