DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Electric Pty Ltd
(AG2019/1648)

ALLIANCE ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT (VIC) 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JULY 2019

Application for approval of the Alliance Electrics Pty Ltd Single Enterprise Agreement (VIC) 2018 - 2022

[1] Alliance Electric Pty Ltd has made an application for approval of an enterprise agreement known as the Alliance Electrics Pty Ltd Single Enterprise Agreement (VIC) 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 16 July 2019 and, in accordance with s 54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 16 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a single enterprise agreement made between Alliance Electric Pty Ltd and their employees. The applicants sought the endorsement of the Alliance Electrics Pty Ltd Single Enterprise Agreement (VIC) 2018 - 2022, which was intended to regulate the terms and conditions of employment for the employees of the company. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issue the Commission had to resolve was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing if the agreement contained the necessary minimum entitlements, if it was made without the influence of prohibited conduct, and if it was appropriately certified. Additionally, the Commission had to determine whether the agreement represented the best possible terms and conditions for the employees, considering factors such as fairness, productivity, and the overall welfare of the workforce.

The Fair Work Commission, after thoroughly examining the contents of the agreement and the evidence presented by both parties, found that the Alliance Electrics Pty Ltd Single Enterprise Agreement (VIC) 2018 - 2022 complied with the statutory requirements of the Fair Work Act. The Commission determined that the agreement contained all the necessary minimum entitlements, was free from prohibited conduct, and was appropriately certified. Furthermore, the Commission concluded that the agreement represented fair and reasonable terms and conditions for the employees, taking into account the interests of both the employer and the workforce. Consequently, the Commission approved the agreement, endorsing it as a legally binding single enterprise agreement between Alliance Electric Pty Ltd and their employees.

The final orders of the Fair Work Commission included the approval and endorsement of the Alliance Electrics Pty Ltd Single Enterprise Agreement (VIC) 2018 - 2022, which would now serve as the governing document for the terms and conditions of employment for the employees of Alliance Electric Pty Ltd. The agreement was to be registered with the Fair Work Commission and would remain in effect until the expiration date of 30 June 2022, unless otherwise terminated or replaced by a new agreement.

Alliance Electric Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established