DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALE Heavylift (Australia) Pty Ltd
(AG2016/7493)

ALE HEAVYLIFT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2017

Application for approval of the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made by ALE Heavylift (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant 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] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2017. The nominal expiry date of the Agreement is 17 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016. The applicant, ALE Heavylift (Australia) Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute arose between the employer and the employees represented by the Maritime Union of Australia. The primary contention was whether the agreement met the criteria for approval as stipulated under the Fair Work Act.

The legal issues before the Commission included whether the agreement was free from any improper influence or coercion, whether it complied with the safety net provisions, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to determine if the agreement contained terms that were consistent with the objectives of the Fair Work Act, including ensuring that employees were not disadvantaged because of their employment.

In reaching its decision, the Commission examined the processes followed in the negotiation and drafting of the agreement. It considered submissions from both parties, including evidence of the consultation process and the fairness of the terms. The Commission concluded that the agreement was appropriately negotiated and contained terms that met the legislative requirements. It found that the agreement was free from coercion, provided adequate safety net protections, and included effective dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016, recognising it as meeting the legislative standards for enterprise agreements under the Fair Work Act. The Commission's decision was based on the thorough negotiation process, the fairness of the terms, and compliance with the safety net provisions and dispute resolution requirements.

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