Allro Switchboards Pty Ltd Summary

[2023] FWCA 2612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allro Switchboards Pty Ltd

(AG2023/2592)

ALLRO SWITCHBOARDS PTY LTD ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 17 AUGUST 2023

Application for approval of the Allro Switchboards Pty Ltd Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Allro Switchboards Pty Ltd Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allro Switchboards Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 24 August 2023. The nominal expiry date of the Agreement is 17 August 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allro Switchboards Pty Ltd applied for approval of the Enterprise Agreement 2023-2027 in the Fair Work Commission. The application involved the company and the Electrical Trades Union of Australia. The agreement was contested by the Electrical Trades Union of Australia, which argued that certain terms in the agreement were unfair and not in line with the relevant award. The Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the terms of the agreement were procedurally and substantively compliant with the requirements of the Act. Procedurally, the Commission had to assess whether the agreement was genuinely negotiated and if the necessary consultation processes were followed. Substantively, the Commission needed to evaluate if the agreement contained provisions that were in breach of the relevant award or were otherwise unfair.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It examined the negotiation process, the content of the agreement, and its impact on employees. The Commission found that while some terms of the agreement were contentious, the overall agreement was fair and reasonable. It also determined that the negotiation process was adequate and that the terms of the agreement did not contravene the relevant award. Consequently, the Commission approved the agreement, noting that it balanced the interests of both the employer and the employees.

The Fair Work Commission approved the Allro Switchboards Pty Ltd Enterprise Agreement 2023-2027, subject to the terms and conditions outlined in the decision. The approval was contingent on certain provisions being implemented within the specified timeframe, ensuring compliance with the Fair Work Act 2009 and the relevant award.

Allro Switchboards Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established