ALS Industrial Australia Pty Ltd Summary

[2013] FWCA 4830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ALS Industrial Australia Pty Ltd
(AG2013/1873)

ALS INDUSTRIAL DIVISION SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 JULY 2013

Application for approval of the ALS Industrial Division South Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Division South Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ALS Industrial Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALS Industrial Australia Pty Ltd recently had an application for the approval of their 2013 Enterprise Agreement before the Fair Work Commission. The applicants, ALS Industrial, sought the Fair Work Commission's approval of the proposed Enterprise Agreement with the aim of binding their employees who were covered by the agreement. The legal issues the court was required to decide included whether the agreement complied with the relevant legislative provisions, including the requirement for genuine agreement and the avoidance of undercutting of industry awards.

The court examined the evidence presented to determine whether the agreement had been genuinely agreed upon by the parties. The court considered the process undertaken to achieve the agreement and the level of employee participation and consultation. The court also assessed whether the agreement provided for fair and reasonable terms and conditions, including whether it avoided undercutting of industry awards. Ultimately, the court found that the agreement complied with the relevant legislative provisions and was genuinely agreed upon by the parties.

Following the court's decision, the Fair Work Commission approved the ALS Industrial Division South Australia Enterprise Agreement 2013. The agreement now binds the employees covered by it and regulates their terms and conditions of employment. The approval of the agreement provides certainty and stability for both the employer and employees and ensures that the agreement complies with the relevant legislative provisions.

ALS Industrial Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established