Application by Alliance Electric Pty Ltd T/A Alliance Si

[2024] FWCA 1136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Alliance Electric Pty Ltd T/A Alliance Si

(AG2024/818)

ALLIANCE ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT (QLD) 2023 - 2027

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 28 MARCH 2024

Application for approval of Alliance Electric Pty Ltd Single Enterprise Agreement (QLD) 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Alliance Electric Pty Ltd Single Enterprise Agreement (QLD) 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 Alliance Electric Pty Ltd T/A Alliance SI (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

On 28 March 2024, the Applicant filed an amended version of the agreement as the agreement lodged was not signed by the parties. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 4 April 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Electric Pty Ltd, trading as Alliance Si, applied to the Fair Work Commission for approval of its proposed Single Enterprise Agreement (SEA) for the years 2023 to 2027. The application arose from a dispute regarding the terms and conditions of employment for employees within the company, seeking to establish a new agreement that would govern their remuneration, hours of work, leave entitlements, and other workplace conditions.

The legal issues before the Commission were primarily whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections pertaining to the approval process for SEAs, and whether it provided a fair and reasonable outcome for both the employees and the employer. The Commission had to ensure that the proposed agreement complied with the provisions of the Act, including any relevant awards or agreements that may apply.

In examining the application, the Commission considered various factors, including the bargaining process leading to the agreement, the adequacy of the terms and conditions proposed, and whether the agreement would provide a fair and reasonable outcome for the employees. The Commission also assessed whether the agreement complied with the relevant minimum standards set out in the National Employment Standards and any applicable awards. After thorough deliberation, the Commission approved the proposed agreement, finding it to be fair and reasonable, and compliant with the statutory requirements.

The Fair Work Commission approved the proposed Single Enterprise Agreement for Alliance Electric Pty Ltd for the period 2023 to 2027, effective from the date of approval. The approved agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the agreement in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established