Allfire Pty Ltd

[2014] FWCA 1785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allfire Pty Ltd
(AG2013/10091)

ALLFIRE PTY LTD ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 MARCH 2014

Application for approval of the Allfire Pty Ltd Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Allfire Pty Ltd Enterprise Agreement 2010-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allfire Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that have been addressed by way of an undertaking, 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.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Allfire Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2014. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allfire Pty Ltd was the subject of an application for the approval of an enterprise agreement. The application was brought before the Fair Work Commission by the company. The nature of the dispute centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Fair Work Commission was required to decide included whether the enterprise agreement provided adequate mechanisms for resolving workplace disputes, and whether it met the requirements for good faith bargaining and procedural fairness. Additionally, the Commission needed to assess whether the agreement was consistent with the provisions regarding minimum terms and conditions of employment.

In delivering its decision, the Fair Work Commission examined the content of the proposed agreement and the process by which it was negotiated. The Commission determined that the agreement contained adequate provisions for dispute resolution and that the negotiation process was conducted in good faith. The Commission concluded that the agreement was consistent with the statutory requirements, including the minimum terms and conditions of employment. Therefore, the Fair Work Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Allfire Pty Ltd Enterprise Agreement 2010-2014, subject to the terms and conditions as set out in the agreement. The Commission also mandated that the agreement be registered with the relevant authorities and that it would be in effect from the date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established