Alland Group Pty Ltd Summary

[2024] FWCA 2153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alland Group Pty Ltd

(AG2024/1616)

ALLAND GROUP ENTERPRISE AGREEMENT 2024 - 2027

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 12 JUNE 2024

Application for approval of the Alland Group Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Alland Group Enterprise Agreement 2024 - 2027 (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.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The bargaining representatives indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

I note that there was a minor discrepancy in the title of the proposed agreement referred to in the Notice of Employee Representational Rights and the Agreement. I also note that the request to approve the agreement was not made at least 21 days after the day on which the last notice under s.173(1) was as required by s.181(2). I am satisfied that in the circumstances these are minor technical and procedural errors respectively, which may be disregarded under s.188(5) on the basis that employees were not likely to be disadvantaged by the errors. Subject to these matters and the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

I note that Clause 6.2 of the Agreement provides that the National Employment Standards (NES) will be incorporated into this agreement and that in the event of any inconsistencies the NES will prevail over the terms in the agreement, except where the agreement provides for a greater entitlement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Alland Group Pty Ltd, an employer, and a union representing its employees, in relation to an application for the approval of an enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred on the content and fairness of the proposed terms and conditions for the employees over the specified period.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties, whether it provided for a fair and reasonable terms of employment, and whether it complied with the relevant provisions of the Act. The Commission needed to assess whether the agreement satisfied the 'better-off, overall test' and whether it contained provisions that were contrary to the public interest.

The Fair Work Commission found that the agreement was genuinely negotiated, contained fair and reasonable terms, and complied with the statutory requirements. The Commission emphasised the importance of balancing the rights of employers and employees, ensuring that the agreement provided for the better-off, overall test. The Commission also noted that the agreement did not contain any provisions that were contrary to the public interest. Consequently, the application for approval of the Alland Group Enterprise Agreement 2024-2027 was granted.

The Fair Work Commission approved the Alland Group Enterprise Agreement 2024-2027, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees of Alland Group Pty Ltd are legally binding and compliant with the Fair Work Act 2009.

Alland Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established