Allsep’s Pty Ltd

[2014] FWCA 4598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsep’s Pty Ltd
(AG2014/1245)

ALLSEP’S ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 9 JULY 2014

Application for approval of the Allsep’s Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Allsep's Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allsep’s Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Allsep’s Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 28 May 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Allsep’s Pty Ltd, the Fair Work Commission (FWC) was called upon to approve the Allsep’s Enterprise Agreement 2014. The dispute involved the application for approval of the enterprise agreement between Allsep’s Pty Ltd, an employer, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was brought before the Commission to ensure the agreement complied with the relevant statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval, including whether it contained the minimum entitlements prescribed by the Act, and whether it had been made in good faith and without coercion. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, leave, and other employment conditions.

The Commission examined the agreement clause by clause, considering whether the terms were consistent with the statutory minimum standards and the broader principles of good faith bargaining. The agreement provided for various terms and conditions, including rates of pay, penalty rates, leave entitlements, and other employment provisions. The Commission found that the agreement was made in good faith and did not involve any form of coercion. The terms and conditions, while negotiated, were deemed fair and reasonable, reflecting the needs and interests of both parties. After thorough consideration, the Commission approved the Allsep’s Enterprise Agreement 2014, finding it to be in compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established