DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALE Heavylift (Australia) Pty Ltd
(AG2018/1545)

ALE HEAVYLIFT (AUSTRALIA) PTY LTD GLADSTONE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 AUGUST 2018

Application for approval of the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ALE Heavylift (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2018. The nominal expiry date of the Agreement is 14 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2017. The applicant, ALE Heavylift (Australia) Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia, representing a number of employees within the organisation. The dispute centred on whether the agreement met the criteria for approval as stipulated under the Fair Work Act 2009.

The primary legal issues before the FWC involved determining whether the enterprise agreement complied with the legislative requirements of the Fair Work Act 2009, particularly sections 228 and 230. These sections mandate that the agreement must not pre-empt the resolution of genuine workplace issues by industrial action and must include provisions for the resolution of workplace disputes. The FWC had to consider whether the agreement appropriately addressed these legislative requirements and whether it met the standards for good faith bargaining and fair terms and conditions of employment.

In evaluating the application, the FWC undertook a comprehensive review of the agreement's provisions, assessing its compliance with the statutory requirements. The FWC noted that the agreement included mechanisms for dispute resolution and addressed various employment conditions in a manner consistent with the legislative framework. After considering the submissions from both parties and the overall content of the agreement, the FWC concluded that the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2017 met the necessary criteria for approval. The FWC approved the agreement, finding it to be fair and reasonable in all respects.

As a result of the FWC's decision, the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2017 was approved and registered under the Fair Work Act 2009. The agreement became binding on the employer and the employees covered by the agreement, effective from the date of registration. The FWC's approval signified the resolution of the dispute, ensuring that the agreement would operate as a valid and enforceable enterprise agreement.

ALE Heavylift (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established