[2015] FWCA 8715

The attached document replaces the document previously issued with the above code on 16 December 2015.

The decision has been amended by replacing the word “Indudstrial” in the title preamble with “Industrial”.

Natasa Cosoleto

Associate to Commissioner Williams

Dated 17 December 2015

[2015] FWCA 8715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ALS Industrial Pty Ltd
(AG2015/6854)

ALS INDUSTRIAL AUSTRALIA (WA) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 16 DECEMBER 2015

Application for variation of the ALS Industrial Australia (WA) Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the ALS Industrial Australia (WA) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by ALS Industrial Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

ALS Industrial Pty Ltd recently appeared before the Fair Work Commission to seek a variation of the ALS Industrial Australia (WA) Enterprise Agreement 2012. The application was brought in response to the significant changes in the economic environment and the company's operational landscape, which the applicant argued necessitated amendments to the existing agreement.

The central legal issues before the Commission involved whether the proposed changes were necessary to maintain the competitiveness and sustainability of the company and whether such variations were in the interests of the employees. The applicant needed to demonstrate that the changes were not merely a renegotiation of terms but were essential to respond to external economic pressures and internal operational needs.

In its decision, the Commission thoroughly examined the evidence presented by ALS Industrial Pty Ltd. It considered the economic data, the operational challenges faced by the company, and the potential impact of the proposed changes on both the employer and the employees. The Commission found that the applicant had adequately demonstrated that the variations were necessary and in the best interests of all parties involved. Consequently, the Commission approved the requested variations, acknowledging the significant changes in the economic environment and the need for the enterprise to adapt.

The final orders of the Commission included the approval of the variations to the ALS Industrial Australia (WA) Enterprise Agreement 2012 as proposed by ALS Industrial Pty Ltd, effective from the date specified in the application. These orders were made in the interest of maintaining the economic viability of the company and ensuring fair treatment of the employees.

ALS Industrial 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