DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsep’s Pty Ltd
(AG2016/1375)

ALLSEP’S ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Allsep’s Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allsep’s Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allsep’s Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Allsep’s Pty Ltd, the applicant sought approval of the Allsep’s Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for the company's employees as outlined in the proposed agreement. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with various statutory requirements, including the mandate for good faith bargaining and the protection of employees' rights.

The Commission considered the evidence presented by both parties and examined the terms of the agreement. It found that the agreement met the necessary requirements for approval, including the provision for fair and reasonable terms, the protection of employees' rights, and the evidence of good faith bargaining. The Commission was satisfied that the agreement provided a fair and reasonable outcome for both the employees and the employer, and it approved the agreement under the Act.

The Fair Work Commission approved the Allsep’s Enterprise Agreement 2016, determining that it met the statutory criteria for approval. The agreement was found to provide fair and reasonable terms and conditions of employment, and it complied with the requirements of the Fair Work Act 2009. The decision confirmed the validity of the agreement, allowing it to be implemented as the basis for employment within the company.

Allsep’s 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