Alliance CG Pty Ltd Summary

[2013] FWCA 6215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance CG Pty Ltd
(AG2013/8683)

ALLIANCE CG PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 AUGUST 2013

Application for approval of the Alliance CG Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alliance CG Pty Ltd 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 Alliance CG 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 Agreement was approved on 29 August 2013 and, in accordance with s.54, will operate from 5 September 2013. The nominal expiry date of the Agreement is 28 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from Alliance CG Pty Ltd for approval of the Alliance CG Pty Ltd Enterprise Agreement 2013. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was made in light of the parties' dispute over whether the agreement was made in good faith and whether it complied with the relevant provisions of the Act.

The central legal issues that the Commission needed to resolve included whether the agreement was reached through genuine bargaining, if it contained the necessary minimum terms and conditions as mandated by the Act, and whether it was made without any coercion or undue influence. Additionally, the Commission had to consider if the agreement adequately covered all relevant employees and whether it complied with the procedural requirements for enterprise agreements.

In its decision, the Commission examined the evidence provided by both parties and considered the principles of good faith bargaining and procedural fairness. It found that the agreement was indeed made in good faith and that it complied with the statutory requirements of the Act. The Commission also determined that the agreement satisfied the necessary minimum terms and conditions and was free from any procedural defects. Consequently, the Commission approved the application for the registration of the Alliance CG Pty Ltd Enterprise Agreement 2013.

The Fair Work Commission approved the application for the registration of the Alliance CG Pty Ltd Enterprise Agreement 2013, thereby making the agreement legally binding between the parties. The decision confirmed that the agreement was reached through genuine bargaining, met all statutory requirements, and was free from procedural flaws. This approval ensures that the terms and conditions set out in the agreement will be enforceable under the Fair Work Act 2009.

Alliance CG Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established