The Allan Engineering Unit Trust Trading AS Allan Engineering Pty Ltd Summary

[2025] FWCA 1481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Allan Engineering Unit Trust Trading AS Allan Engineering Pty Ltd

(AG2025/1002)

ALLAN ENGINEERING PTY LTD – MELBOURNE AIRPORT (TERMINAL 2) – LEND LEASE SITE SP1 ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 5 MAY 2025

Application for approval of the Allan Engineering Pty Ltd – Melbourne Airport (Terminal 2) – Lend Lease Site SP1 Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Allan Engineering Pty Ltd – Melbourne Airport (Terminal 2) – Lend Lease Site SP1 Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Allan Engineering Unit Trust Trading AS Allan Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 April 2025.

The notification time for the Agreement under s.173(2) was 28 February 2025 and the Agreement was made on 1 April 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 30 April 2025, the Employer was invited to address a potential issue with the definition of a shift worker in the Agreement and its compliance with s.196 of the Act. The Applicant made submissions addressing this issue on 1 May 2025 and confirmed that “…it does not, has not and will not do any shiftwork. The nature of its business does not call for it and clause 11.2 was inserted simply to comply with section 196 of the FW Act.”

I have accepted the submissions made.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 May 2029.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The case involved Allan Engineering Unit Trust, trading as Allan Engineering Pty Ltd, and the issue was the approval of the Allan Engineering Pty Ltd – Melbourne Airport (Terminal 2) – Lend Lease Site SP1 Enterprise Agreement 2025. The application was made to the Fair Work Commission. The legal issues before the court were whether the enterprise agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was likely to achieve a better outcome for the employees than if there was no agreement.

The court examined the provisions of the proposed agreement and considered the submissions made by both parties. It assessed whether the agreement provided for adequate pay and conditions, and whether it included provisions for flexibility, efficiency, and productivity. The court also considered the impact of the agreement on the employees and whether it provided for fair and reasonable terms and conditions. After careful consideration, the court found that the proposed agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009.

The court approved the Allan Engineering Pty Ltd – Melbourne Airport (Terminal 2) – Lend Lease Site SP1 Enterprise Agreement 2025, subject to certain conditions. The court found that the agreement provided for fair and reasonable terms and conditions, and that it was likely to achieve a better outcome for the employees than if there was no agreement. The court also noted that the agreement provided for flexibility, efficiency, and productivity, and that it was in the best interests of the employees. The court made orders approving the agreement, subject to the conditions set out in the decision.

The Allan Engineering Unit Trust Trading AS Allan Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established