Allcorp Services (Queensland) Pty Ltd Summary

[2013] FWCA 6105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allcorp Services (Queensland) Pty Ltd
(AG2013/7672)

ALLCORP SERVICES CALLIDE POWER STATION COLLECTIVE ENTERPRISE AGREEMENT 2013

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2013

Application for approval of the Allcorp Services Callide Power Station Collective Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allcorp Services Callide Power Station Collective Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allcorp Services (Queensland) Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 2 September 2016.

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CaseChat Overview and Summary

Allcorp Services (Queensland) Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of a collective enterprise agreement in relation to the Callide Power Station. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement, which was a result of negotiations between the employer and the employees, should be endorsed as it provided fair terms and conditions for the workforce.

The court needed to determine whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court examined whether the necessary consultations and negotiations were undertaken before the agreement was made. Substantively, the court assessed if the agreement included minimum terms and conditions as stipulated by the Act, and if it provided for fair and reasonable terms for the employees. The court also considered whether the agreement adequately covered the workers' rights and obligations, as well as ensuring there was no unfair discrimination.

The Fair Work Commission, after considering the evidence and arguments presented by the parties, concluded that the agreement was appropriately negotiated and met all the legal requirements for approval. The Commission found that the agreement contained all the minimum terms and conditions mandated by the Act and did not include any terms that were unfair or unreasonable. The court emphasised that the agreement provided a fair and balanced outcome for both the employer and the employees, thus it was in the best interest of the employees to approve the agreement. As a result, the Commission approved the Allcorp Services Callide Power Station Collective Enterprise Agreement 2013.

The court ordered that the agreement be registered and enforceable as a registered agreement under the Fair Work Act, providing the necessary protections and terms for the employees at the Callide Power Station.

Allcorp Services (Queensland) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established