ALS Industrial Pty Ltd
[2022] FWCA 3948
•10 NOVEMBER 2022
| [2022] FWCA 3948 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ALS Industrial Pty Ltd
(AG2022/4526)
ALS Industrial (Northern & Eastern Australia) Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 10 NOVEMBER 2022 |
Application for approval of the ALS Industrial (Northern & Eastern Australia) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the ALS Industrial (Northern & Eastern Australia) Enterprise Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.
The Form F17 and supporting documentation filed by the Applicant indicate that employees were given 6 clear days’ notice of the time, place, and method of the vote in contravention of s.180(2) of the Act. The Applicant submits that this occurred in circumstances in which a vote had initially been scheduled earlier but was rescheduled to allow more time to clarify clauses 13.1 and 13.2. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 17 November 2022. The nominal expiry date of the Agreement is 31 July 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518129 PR747789>
Annexure A
0
0
0