ALS Industrial Power Services Pty Ltd Summary

[2013] FWCA 2619

FAIR WORK COMMISSION

DECISION

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

ALS Industrial Power Services Pty Ltd
(AG2013/681)

ALS INDUSTRIAL POWER SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 1 MAY 2013

Application for approval of the ALS Industrial Power Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Power Services Pty Ltd 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 Power Services 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.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 8 May 2013. The nominal expiry date of the agreement is 20 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

ALS Industrial Power Services Pty Ltd sought approval for its 2013 Enterprise Agreement from the Fair Work Commission. The application was made in light of the proposed changes to the Fair Work Act 2009 and the implications for enterprise agreements generally. The legal issues primarily revolved around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act, particularly in the context of the recent legislative amendments.

The court considered whether the agreement contained the required elements such as the promotion of harmonious, productive and cooperative workplace relations, and whether it provided for a fair and efficient method of determining employees' wages and other conditions of employment. Additionally, the court examined if the agreement complied with the new obligations introduced by the amendments, including the requirement for the agreement to provide for a process for the resolution of disputes between the employer and employees. The court also assessed the process by which the agreement was made, including whether there was genuine bargaining between the parties.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The court was satisfied that the agreement contained all the necessary elements and provided for fair and efficient methods of determining wages and other conditions of employment. The Commission also confirmed that the process for the resolution of disputes was adequately addressed. Given these findings, the Commission approved the ALS Industrial Power Services Pty Ltd Enterprise Agreement 2013, subject to the terms and conditions specified in the approval.

ALS Industrial Power Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established