DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Electric Pty Ltd T/A Alliance SI
(AG2019/1455)

ALLIANCE ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT (QLD) 2018 2022

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Alliance Electrics Pty Ltd Single Enterprise Agreement (QLD) 2018 - 2022 (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 T/A Alliance SI. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 23 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alliance Electric Pty Ltd, trading as Alliance SI, applied to the Fair Work Commission for approval of their Single Enterprise Agreement (QLD) 2018-2022. The dispute centred around the procedural fairness of the negotiation process and the agreement's compliance with statutory requirements. The Commission was tasked with determining whether the agreement was fairly and genuinely negotiated and if it met the necessary legal standards for approval. The key issues included the adequacy of the consultation process with employee representatives, the transparency of the negotiations, and the fairness of the terms within the context of the parties' bargaining positions.

The Commission examined the evidence presented by both Alliance Electric and the employee representatives. It assessed the extent to which Alliance Electric had engaged in good faith negotiations and provided relevant information to the representatives. The Commission also evaluated whether the representatives had been given a reasonable opportunity to discuss and respond to the proposed terms. Additionally, it considered whether the agreement provided for fair and reasonable terms and conditions, including wages, hours, and other employment conditions.

In its decision, the Commission found that Alliance Electric had generally engaged in fair and genuine negotiations with the employee representatives. It determined that the consultation process was adequate, and the representatives had been given a reasonable opportunity to express their views. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the bargaining positions of both parties. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements for a Single Enterprise Agreement.

The final order of the Commission was that the Alliance Electrics Pty Ltd Single Enterprise Agreement (QLD) 2018-2022 be approved as a valid and binding agreement under the Fair Work Act 2009. This approval ensures that the agreement will govern the employment terms and conditions of the employees covered by the agreement for the specified period.

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