Alliance Electric Pty Ltd

[2013] FWCA 7988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alliance Electric Pty Ltd
(AG2013/8873)

ALLIANCE ELECTRIC PTY LTD (QLD) SINGLE ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 11 OCTOBER 2013

Application for approval of the Alliance Electric Pty Ltd (Qld) Single Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Alliance Electric Pty Ltd (QLD) Single Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alliance Electric Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

Alliance Electric Pty Ltd sought approval of its single enterprise agreement for the period 2013-2017. The application was before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the requirements for approval under the Act, including whether it provided for the fair and reasonable remuneration and conditions of employment for the employees covered by the agreement.

The Commission found that the agreement met the criteria for approval. It considered the provisions of the agreement, including those relating to wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement provided for fair and reasonable remuneration and conditions of employment for the employees covered by it, and that it complied with the other requirements for approval under the Act. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence of any coercion or undue influence in the negotiation process.

Based on its findings, the Commission approved the Alliance Electric Pty Ltd (Qld) Single Enterprise Agreement 2013-2017. The approval was subject to certain conditions, including that the agreement be in writing and that copies be provided to the employees covered by it. The Commission also noted that the agreement would expire on the last day of the period specified in the agreement, unless it was earlier terminated in accordance with its provisions.

The Commission's decision provides guidance on the requirements for approval of single enterprise agreements under the Fair Work Act. It confirms that agreements which provide for fair and reasonable remuneration and conditions of employment, and which are negotiated in good faith, will generally be approved by the Commission. The decision also highlights the importance of ensuring that employees are provided with copies of the agreement and that the agreement is in writing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established