Allmen Industrial Services Pty Ltd Summary

[2013] FWCA 2479

FAIR WORK COMMISSION

DECISION

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

Allmen Industrial Services Pty Ltd
(AG2013/5631)

ALLMEN INDUSTRIAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 23 APRIL 2013

Application for the approval of the Allmen Industrial Services Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allmen Industrial Services Pty Ltd Single Enterprise Agreement 2013 (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.

[2] The Agreement covers the employer’s electrical contracting staff. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 30 April 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Allmen Industrial Services Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative, were the parties to an application for the approval of the Allmen Industrial Services Pty Ltd Single Enterprise Agreement 2013. The matter was heard and determined by the Commission, with Commissioner McCabe presiding. The dispute centred on whether the Agreement met the requirements of the Fair Work Act 2009 for a single enterprise agreement to be approved, specifically focusing on whether the Agreement had been made in accordance with the provisions of the Act and whether it complied with the "better off overall test".

The key legal issues the Commission had to address were whether the Agreement had been made with genuine co-operation between the parties, and whether the Agreement was fair and reasonable in all its terms. This included an examination of whether the Agreement provided employees with a better overall package of terms and conditions than they would have under the applicable award, and whether the Agreement had been made in good faith. The Commission considered the process through which the Agreement was negotiated and whether it was consistent with the requirements for genuine co-operation.

The Commission determined that the Agreement had been made with genuine co-operation and that it complied with the better off overall test. The employer had demonstrated that the Agreement provided employees with a better overall package of terms and conditions, including improved wages and conditions. The Commission found that the negotiation process was fair and reasonable, and that the Agreement was consistent with the requirements of the Act. As a result, the Commission approved the Allmen Industrial Services Pty Ltd Single Enterprise Agreement 2013.

The final orders of the Commission were that the Agreement be approved and registered, effective from the date of the decision. The Commission noted that the Agreement would operate for a period of four years, and that any further changes to the Agreement would need to be made in accordance with the provisions of the Fair Work Act 2009.

Allmen Industrial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established