DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Power Services Pty Ltd t/a ALS Industrial Power Services
(AG2016/813)

ALS INDUSTRIAL POWER SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the ALS Industrial Power Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Power Services Pty Ltd 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 ALS Industrial Power Services Pty Ltd t/a ALS Industrial Power Services. The Agreement is a single enterprise agreement.

[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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 20 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves ALS Industrial Power Services Pty Ltd, trading as ALS Industrial Power Services, which sought approval for its Enterprise Agreement 2016. The application was lodged with the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the inclusion of terms and the process by which the agreement was made.

The Commission examined the fairness and reasonableness of the agreement, focusing on the terms proposed in the agreement and whether they adhered to the legislative standards. The Commission also considered the process by which the agreement was made, including whether it was genuinely negotiated and whether the parties had the capacity to do so. The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith and meeting all the statutory requirements.

The Fair Work Commission concluded that the agreement was fair and reasonable, and therefore, met the criteria for approval. The Commission found that the terms were not overly disadvantageous to employees and that the process by which the agreement was made was appropriate. The Commission was satisfied that all legal requirements were met, and there were no procedural defects that would invalidate the agreement. Consequently, the Commission approved the Enterprise Agreement 2016.

The Commission's decision provided finality on the matter, confirming the validity and enforceability of the agreement. The approval ensures that the terms of the agreement can be implemented, providing a framework for the employment relationship between ALS Industrial Power Services and its employees.

ALS Industrial Power Services Pty Ltd t/a ALS Industrial Power Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established