Alltype Engineering Pty Ltd

[2024] FWCA 3650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alltype Engineering Pty Ltd

(AG2024/3672)

ALLTYPE ENGINEERING PTY LTD & AMWU CFMEU ETU KKLP PROJECT AGREEMENT 2024-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2024

Application for approval of the Alltype Engineering Pty Ltd & AMWU CFMEU ETU KKLP Project Agreement 2024-2025

Alltype Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the Alltype Engineering Pty Ltd & AMWU CFMEU ETU KKLP Project Agreement 2024-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AMWU, the CEPU and the CFMEU.

The Agreement was approved on 21 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Alltype Engineering Pty Ltd to seek approval of the Alltype Engineering Pty Ltd & AMWU CFMEU ETU KKLP Project Agreement 2024-2025. The application was brought under the relevant industrial relations legislation, which governs the approval process for enterprise agreements. The Australian Manufacturing Workers' Union, Construction, Forestry, Maritime, Mining and Energy Union, Electrical Trades Union, and the Kimberley Land Council were also involved in the proceedings as parties with an interest in the outcome.

The central legal issue before the court was whether the proposed agreement complied with the statutory requirements for enterprise agreements under the applicable legislation. This included assessing whether the agreement was made in good faith and whether it contained the necessary provisions regarding minimum entitlements, dispute resolution, and other mandated elements. The court had to determine if the application met the criteria for approval as stipulated by the law.

In examining the application, the court considered the content of the proposed agreement and the submissions made by the parties. The court found that the agreement contained all the necessary provisions and was made in good faith. The court also noted that the agreement provided for appropriate dispute resolution mechanisms and did not undermine the minimum entitlements of the employees. Based on these findings, the court approved the application, and the Alltype Engineering Pty Ltd & AMWU CFMEU ETU KKLP Project Agreement 2024-2025 was approved as per the application.

The final orders of the court were that the Alltype Engineering Pty Ltd & AMWU CFMEU ETU KKLP Project Agreement 2024-2025 be approved as an enterprise agreement under the relevant industrial relations legislation. The court's decision was based on the conclusion that the agreement complied with the statutory requirements and was made in good faith. The approval of the agreement allows it to come into effect and regulate the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established