The Trustee For A & L Windows SA Unit Trust T/A Aliview Group Pty Ltd Summary

[2024] FWCA 2635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Trustee For A & L Windows SA Unit Trust T/A Aliview Group Pty Ltd

(AG2024/2467)

ALIVIEW GROUP PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 17 JULY 2024

Application for approval of the Aliview Group Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Aliview Group Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Trustee For A & L Windows SA Unit Trust T/A Aliview Group Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 July 2024.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 1 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The present case involves the Trustee for A & L Windows SA Unit Trust trading as Aliview Group Pty Ltd (the applicant) seeking approval of the Aliview Group Pty Ltd Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which must determine if the agreement complies with the relevant legislative requirements and is in the interests of the parties involved. The dispute centres on the terms and conditions set forth in the enterprise agreement, including wage rates, leave entitlements, and dispute resolution mechanisms, which the applicant seeks to have recognised and enforced.

The legal issues before the Commission primarily revolve around whether the enterprise agreement meets the statutory criteria for approval under the Fair Work Act 2009. The Commission needed to assess whether the agreement was genuinely negotiated, if it provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining requirements. Additionally, the applicant had to demonstrate that the agreement was not disadvantageous to employees and that it would promote harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission examined the evidence provided by both the applicant and the employees, including submissions on the fairness and reasonableness of the proposed terms. The Commission considered the nature of the bargaining process, the extent of consultation, and the impact of the agreement on the employees. Ultimately, the Commission determined that the agreement met the necessary legislative standards. The terms were deemed fair and reasonable, and the agreement was approved as it was found to promote harmonious, productive, and cooperative workplace relations. The Commission's approval was based on the satisfactory demonstration that the agreement was genuinely negotiated and did not disadvantage the employees.

The Trustee For A & L Windows SA Unit Trust T/A Aliview Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established