DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Technologies Australia Pty Ltd T/A Programmed Electrical Technologies
(AG2017/4837)

ALLIED TECHNOLOGIES AUSTRALIA PTY LTD REGIONAL QUEENSLAND ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Allied Technologies Australia Pty Ltd Regional Queensland 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on and, in accordance with s.54, will operate from 21 February 2018. The nominal expiry date of the Agreement is 30 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Technologies Australia Pty Ltd, trading as Programmed Electrical Technologies, applied for approval of their Regional Queensland Enterprise Agreement 2017-2021. The application was made to the Fair Work Commission (FWC), which had to determine whether the agreement met the requirements under the Fair Work Act 2009 (Cth). The dispute arose from disagreements between the company and the Electrical Trades Union of Australia (ETUA) regarding the terms and conditions of employment under the proposed agreement.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under section 232 of the Fair Work Act. This involved assessing whether the agreement provided for minimum entitlements, was free from prohibited content, and had been made in good faith. Additionally, the FWC had to determine if the agreement contained appropriate mechanisms for dispute resolution.

The FWC found that the agreement largely met the criteria for approval. The court noted that the agreement provided for minimum entitlements as required by the Act and did not contain any content that was prohibited. Regarding good faith, the FWC considered the negotiations between the parties and found that both had acted in good faith throughout the process. The agreement included provisions for dispute resolution, which the FWC deemed adequate. Therefore, the FWC approved the Regional Queensland Enterprise Agreement 2017-2021.

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