DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Technologies Australia Pty Ltd T/A Programmed Electrical Technologies
(AG2017/4841)

ALLIED TECHNOLOGIES AUSTRALIA PTY LTD BRISBANE ENTERPRISE AGREEMENT 2017 – 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2018

Application for approval of the Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2017 – 2021 (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 T/A Programmed Electrical Technologies. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2018. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the Fair Work Commission, Allied Technologies Australia Pty Ltd, trading as Programmed Electrical Technologies, applied for approval of the Allied Technologies Australia Pty Ltd Brisbane Enterprise Agreement 2017-2021. The applicant is an electrical contracting business, and the dispute involved the terms and conditions of employment for its employees. The respondents, who included various unions and employee representatives, raised concerns about certain aspects of the proposed agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" and if it contained all the prescribed terms. Additionally, the Commission considered whether the agreement was made in good faith and if it facilitated a productive workplace relationship.

In making its decision, the Commission examined the evidence and submissions from both the applicant and the respondents. It assessed the agreement's provisions against the statutory criteria and found that the agreement generally met the requirements of the Act. The Commission noted that while some concerns were raised about specific terms, the overall agreement provided employees with improved conditions and was considered to be in their best interests. Consequently, the Commission approved the application, confirming the validity of the proposed enterprise agreement.

Allied Technologies Australia Pty Ltd T/A Programmed Electrical Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established