Allied Technologies Australia Pty Ltd

[2022] FWCA 1403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Technologies Australia Pty Ltd

(AG2022/1047)

Allied Technologies Australia Pty Ltd Regional Queensland Enterprise Agreement -2021 - 2025

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 16 MAY 2022

Application for approval of the Allied Technologies Australia Pty Ltd Regional Queensland Enterprise Agreement -2021 - 2025

Allied Technologies Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Allied Technologies Australia Pty Ltd Regional Queensland Enterprise Agreement -2021 - 2025 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2022. The nominal expiry date of the Agreement is 16 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Allied Technologies Australia Pty Ltd has applied for the approval of a proposed Regional Queensland Enterprise Agreement 2021-2025. The application was brought before the Fair Work Commission to determine whether the agreement complies with the relevant legislative requirements and whether it meets the criteria for approval under the Fair Work Act 2009. The legal issues at the core of this application revolve around whether the proposed agreement is a "single-enterprise agreement" or a "multi-enterprise agreement" and whether it contains all the necessary terms and conditions required by the Fair Work Act.

The Fair Work Commission examined the nature of the agreement and the process by which it was developed. It was essential to determine if the agreement was genuinely negotiated between the employer and the employees' representative and if it adhered to the statutory requirements outlined in the Fair Work Act. The Commission also considered whether the agreement contained the prescribed minimum terms and conditions, including wages, classification, and other employment-related provisions.

The Commission concluded that the proposed agreement was a multi-enterprise agreement, as it covered employees across multiple enterprises within the specified region. The Commission found that the agreement was the result of genuine negotiations and satisfied the statutory criteria for approval. Furthermore, the agreement contained all the necessary terms and conditions, including minimum wages and classification, as well as other employment provisions that complied with the Fair Work Act.

The Fair Work Commission approved the Regional Queensland Enterprise Agreement 2021-2025, recognising it as a valid and enforceable agreement between Allied Technologies Australia Pty Ltd and the employees covered by the agreement. The Commission's decision was based on the findings that the agreement was genuinely negotiated, contained the prescribed minimum terms and conditions, and met the criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established