DECISION

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

Allstate Linemarking Services Pty Ltd
(AG2020/662)

ALLSTATE LINEMARKING SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 APRIL 2020

Application for approval of the Allstate Linemarking Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allstate Linemarking Services Pty Ltd Enterprise 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 Allstate Linemarking Services Pty Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 6.3.3 – Personal/carer’s leave;
● Clause 6.10.2 – Public Holidays;

● Clause 11.1.3 – Termination – serious misconduct;

● Clause 11.2 – Abandonment.

[5] However, noting the NES precedence undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Allstate Linemarking Services Pty Ltd for the approval of the Allstate Linemarking Services Pty Ltd Enterprise Agreement 2020. The primary parties involved in the dispute were Allstate Linemarking Services Pty Ltd, as the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred around the proposed terms and conditions outlined in the enterprise agreement, which the CFMEU had contested on several grounds, including concerns about the fairness and compliance of the agreement with the relevant industrial instruments and laws.

The legal issues the court was required to decide involved whether the proposed enterprise agreement was fair and if it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement met the "better off overall test" (BOOT), which required that the employees would be no worse off financially and at least some would be better off financially compared to the applicable award or registered agreement. Additionally, the court needed to determine whether the agreement adhered to the good faith bargaining requirements and other procedural fairness standards.

The Fair Work Commission, after considering the submissions and evidence from both parties, concluded that the proposed agreement did indeed meet the BOOT. The court found that the agreement provided employees with benefits that exceeded the minimum standards set by the applicable award, including higher wages, improved working conditions, and enhanced job security. The court also found that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions and negotiations. Consequently, the court approved the Allstate Linemarking Services Pty Ltd Enterprise Agreement 2020.

Allstate Linemarking Services Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established