Allied Technologies Australia Pty Ltd Summary

[2022] FWCA 1237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allied Technologies Australia Pty Ltd

(AG2022/983)

Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2021 – 2025

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 8 APRIL 2022

Application for the approval of Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2021 – 2025.

An application has been made for approval of an enterprise agreement known as the Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Technologies Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Allied Technologies Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The applicant is an employer within the telecommunications industry. The dispute arose from negotiations between the employer and its employees, represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The application was heard by a delegate of the FWC.

The central legal issue was whether the proposed enterprise agreement was fair and appropriate for the purposes of the Fair Work Act 2009 (Cth). This required the FWC to consider if the agreement was free from any improper coercion or pressure, and if it was in the best interests of the employees. The FWC also had to assess whether the agreement provided for appropriate mechanisms for resolution of disputes, and if it contained provisions that were consistent with the national minimum standards of employment.

In determining the fairness of the agreement, the FWC considered the submissions from both parties and the relevant evidence presented. The FWC found that the agreement did not contain any provisions that were contrary to the national minimum standards, and that it provided for adequate mechanisms for resolving disputes. The FWC also found that the agreement was not the product of any improper coercion or pressure, and that it was in the best interests of the employees. Based on these findings, the FWC approved the enterprise agreement.

The FWC made an order approving the Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2021 – 2025, effective from 1 January 2022. The order was made under section 233 of the Fair Work Act 2009 (Cth).

Allied Technologies Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established