DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS (Aust) Pty Ltd
(AG2021/115)

ALS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 APRIL 2021

Application for approval of the ALS Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ALS Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ALS (Aust) 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. The undertakings are taken to be a term of 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] I note that Clauses 13.5, 14.8, 22.4 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2021. The nominal expiry date of the Agreement is 5 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ALS (Aust) Pty Ltd was the subject of an application for the approval of a compromise between the company and its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The compromise, known as the ALS Agreement 2020, sought to resolve ongoing industrial disputes and was brought before the Fair Work Commission. The primary dispute centred on the terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms, which had been contentious between the parties.

The legal issues before the Commission involved determining whether the ALS Agreement 2020 was fair and reasonable, and whether it provided adequate protections for the employees. Specifically, the Commission had to assess whether the compromise met the criteria set out in the Fair Work Act 2009, including whether it was in the best interests of the employees and whether it would result in improved industrial relations. Additionally, the Commission needed to consider the implications of the agreement on broader industrial relations policies and practices.

The Fair Work Commission, in its decision, evaluated the ALS Agreement 2020 against the statutory requirements and found that the compromise was fair and reasonable. The Commission concluded that the agreement provided adequate protections for the employees and would likely lead to improved industrial relations. The Commission noted the detailed negotiations and the comprehensive nature of the agreement, which addressed key issues of concern to both parties. The Commission ultimately approved the ALS Agreement 2020, finding it to be in the best interests of the employees and conducive to better industrial relations.

ALS (Aust) 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