Allied Technologies Australia Pty Ltd Summary

[2013] FWCA 7986

The attached document replaces the document previously issued with the above code on 11 October 2013.

To correct a typographical error in the name of the Agreement.

Stevie Smith

Associate to Commissioner Riordan

Dated - 11 October 2013

[2013] FWCA 7986

FAIR WORK COMMISSION

DECISION

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

Allied Technologies Australia Pty Ltd
(AG2013/2702)

ALLIED TECHNOLOGIES AUSTRALIA PTY LTD & THE EMPLOYEES OF ALLIED TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 11 OCTOBER 2013

Application for approval of the Allied Technologies Australia Pty Ltd & the Employees of Allied Technologies Australia Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Allied Technologies Australia Pty Ltd & the Employees of Allied Technologies Australia Pty Ltd 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 Allied Technologies Australia Pty Limited (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 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Allied Technologies Australia Pty Ltd & the Employees of Allied Technologies Australia Pty Ltd Enterprise Agreement 2013-2017. The dispute arose between the employer and the employees, with both parties seeking to have their terms and conditions of employment recognised and formalised through the enterprise agreement. The Commission was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement was made in good faith, free from coercion and whether it complied with the "better off overall test" as stipulated by the Fair Work Act. Additionally, the Commission had to assess if the agreement contained all the mandated terms and conditions, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The employer argued that the agreement was a fair reflection of the parties' negotiations and provided adequate protections for both employees and the business. The employees, on the other hand, contended that the agreement did not sufficiently address their concerns regarding job security and wage progression.

In rendering its decision, the Commission considered the evidence provided by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement was made in good faith and did not involve any coercion. It was also determined that the agreement met the "better off overall test," as it provided employees with benefits that were at least equivalent to those they would have received under the relevant award or registered agreement. Furthermore, the Commission confirmed that the agreement contained all the necessary terms and conditions, thus complying with the statutory requirements. Consequently, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the Allied Technologies Australia Pty Ltd & the Employees of Allied Technologies Australia Pty Ltd Enterprise Agreement 2013-2017 was formally approved, effective from the date of the decision. The agreement will now serve as the governing document for the terms and conditions of employment for the employees of Allied Technologies Australia Pty Ltd for the specified period.

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