DECISION

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

Alliance Electric Pty Ltd T/A Alliance SI
(AG2019/1457)

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

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 16 JULY 2019

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

[1] An application (Form F16) has been filed by Alliance Electric Pty Ltd T/A Alliance SI(the applicant) for the approval of an enterprise agreement known as the Alliance Electrics Pty Ltd Single Enterprise Agreement (NSW) 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Minimum pay rates for overtime work;

• Payment of accrued time off in lieu upon termination; and

• Non-engagement of trainees under the Agreement.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] Subject to the undertakings referred to above, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Electric Pty Ltd, trading as Alliance SI, applied for approval of the Alliance Electrics Pty Ltd Single Enterprise Agreement (NSW) 2018 - 2022, before the Fair Work Commission. The applicant sought the approval of the agreement, which was intended to regulate the employment of its employees, in accordance with the provisions of the Fair Work Act 2009. The application was made by the applicant, who is an employer, and was opposed by the Electrical Trades Union of Australia (ETUA), which represents the employees.

The primary legal issue before the commission was whether the agreement met the requirements for approval under section 231 of the Fair Work Act. This included whether the agreement contained all the mandatory terms prescribed by the Act, and whether the process for its making and the manner in which it was approved, complied with the relevant provisions of the Act. The commission was required to consider whether the agreement was in the interests of the employees, and whether it provided for fair and reasonable terms and conditions of employment.

After considering the evidence and arguments presented by both parties, the commission found that the agreement met the requirements for approval. The commission noted that the agreement contained all the mandatory terms prescribed by the Act, and that the process for its making and the manner in which it was approved, complied with the relevant provisions of the Act. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and was in the interests of the employees. Accordingly, the commission approved the agreement.

The Fair Work Commission approved the Alliance Electrics Pty Ltd Single Enterprise Agreement (NSW) 2018 - 2022, and made an order to that effect. The order was effective from the date of the commission's decision, and the agreement became a registered agreement under the Fair Work Act. The order also provided for the agreement to be published on the Fair Work Commission's website, and for the agreement to be available for inspection by the public.

Alliance Electric Pty Ltd T/A Alliance SI

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established