FAIR WORK COMMISSION

DECISION

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

AllenCon Pty Ltd
(AG2015/1325)

ALLENCON PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 JUNE 2015

Application for approval of the AllenCon Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 June 2015 by AllenCon Pty Ltd for the approval of a single-enterprise agreement known as the AllenCon Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the AllenCon Pty Ltd Enterprise Agreement 2015. The dispute centred on the terms of the agreement and whether it complied with the relevant industrial legislation. The Fair Work Commission was tasked with assessing whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and if it provided for the proper negotiation of terms and conditions of employment. Additionally, the Commission had to determine if the agreement provided for the proper classification of employees and whether it included appropriate provisions for dispute resolution.

In its decision, the Fair Work Commission determined that the agreement was made in good faith and that the parties had properly negotiated its terms. The Commission found that the agreement provided for the proper classification of employees and included appropriate provisions for dispute resolution. The Commission was satisfied that the agreement complied with the necessary requirements for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the AllenCon Pty Ltd Enterprise Agreement 2015. The agreement was registered on the Register of Approved Agreements, and the Independent Education Union of Australia was authorised to provide the agreement to employees for their consideration. The Commission's decision provided clarity for both the union and the employer regarding the terms and conditions of employment for the relevant workforce.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established