DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsafe Power (Vic) Pty Ltd
(AG2020/3580)

ALLSAFE POWER (VIC) PTY LTD AGREEMENT 2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2020

Application for approval of the Allsafe Power (Vic) Pty Ltd Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allsafe Power (Vic) Pty Ltd Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allsafe Power (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 23 December 2020. The nominal expiry date of the Agreement is 15 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allsafe Power (Vic) Pty Ltd is a company involved in the electricity distribution industry, and this matter concerns the approval of the Allsafe Power (Vic) Pty Ltd Agreement 2020. The application was brought before the Fair Work Commission, and the dispute centres on whether the agreement meets the necessary legal requirements and provides fair outcomes for employees. The applicants sought approval for the agreement under the Fair Work Act 2009, which governs industrial relations and workplace agreements in Australia.

The legal issues the court had to address included whether the agreement complied with the legislative requirements, and if it provided fair terms and conditions for the employees. The court examined the content of the agreement, the process through which it was made, and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the court had to determine whether the agreement contained provisions that were contrary to public policy or unfair to employees, which could render it invalid.

In its reasoning, the court assessed the agreement against the Fair Work Act and relevant regulations. It found that the agreement satisfied the legislative requirements, as it had been made in good faith and followed the necessary processes. The court also determined that the agreement contained provisions that were fair and reasonable for employees, without contravening any public policy considerations. Consequently, the court approved the Allsafe Power (Vic) Pty Ltd Agreement 2020, finding it to be compliant with the relevant legislation and providing fair outcomes for employees.

The final orders of the court approved the Allsafe Power (Vic) Pty Ltd Agreement 2020, subject to the terms and conditions set out in the agreement. This decision allows the agreement to come into effect and govern the industrial relations of the employees involved in the electricity distribution industry.

Allsafe Power (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established