ALS Industrial Pty Ltd

Case [2015] FWCA 5074
[2015] FWCA 5074
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

ALS Industrial Pty Ltd
(AG2015/3382)

ALS INDUSTRIAL DIVISION (NORTHERN & EASTERN AUSTRALIA) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 27 JULY 2015

Application for variation of the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by ALS Industrial Pty Ltd for the approval of a variation to the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), as an organisation covered by the Agreement, has filed a declaration in support of the variation.

[3] The Agreement is varied as follows:

    A. By deleting clause 13.1 and replacing it as follows:

    13.1 The minimum ordinary hours rates of pay (expressed as both a weekly and hourly amount) are:

      Aug-14

      3.3% B

      Aug-16

      3.3% C

      Classification

      Weekly

      Hourly

      Weekly

      Hourly

      13

      12

      11

      10

      9

      8

      7

      6

      5

      4

      3

      2b

      2a

      1b

      1a

      $1,092.74 $29.53

      $1,159.24 $31.33

      $1,226.13 $33.14

      $1,332.77 $36.02

      $1,399.27 $37.82

      $1,466.16 $39.63

      $1,532.28 $41.41

      $1,665.67 $45.02

      $1,732.56 $46.83

      $1,799.06 $48.62

      $1,932.07 $52.22

      $1,998.58 $54.02

      $2,132.35 $57.63

      $2,398.37 $64.82

      $2,798.54 $75.64

      $1,128.80 $30.51

      $1,197.50 $32.36

      $1,266.59 $34.23

      $1,376.75 $37.21

      $1,445.45 $39.07

      $1,514.54 $40.93

      $1,582.85 $42.78

      $1,720.64 $46.50

      $1,789.73 $48.37

      $1,858.43 $50.23

      $1,995.83 $53.94

      $2,064.53 $55.80

      $2,202.72 $59.53

      $2,477.51 $66.96

      $2,890.89 $78.13

    B. At clause 13.2, by deleting (b) and (c) and replacing them with new (b) as follows:

    b) The rates set out in column C provide a further 3.3% increase and will apply from the beginning of the first full pay period in August 2016.

[4] The variation is approved and will come into operation on 27 July 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
ALS Industrial Pty Ltd [2015] FWCA 5074
Case
[2015] FWCA 5074
Decision Date

CaseChat Overview and Summary

ALS Industrial Pty Ltd applied to the Fair Work Commission for a variation of the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014, seeking changes to the agreement's provisions relating to employee entitlements and working conditions. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees affected by the proposed changes.

The primary legal issues before the Commission were whether the proposed changes were necessary to achieve a fair and equitable outcome for both the employer and the employees, and whether the application satisfied the statutory requirements for varying an enterprise agreement under the Fair Work Act 2009. The Commission needed to consider the principles of good faith bargaining and the need to balance the interests of both parties.

The Commission found that the proposed changes were necessary to address a significant disparity in the agreement's provisions and to promote a more efficient and effective workplace. The Commission concluded that the application met the statutory requirements for varying an enterprise agreement, as it demonstrated a genuine attempt at good faith bargaining and provided sufficient evidence to support the need for the changes. The Commission also considered the potential impact of the changes on the employees and found that the proposed changes would not result in a detrimental outcome for them.

The Fair Work Commission varied the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014 in accordance with the application, effective from the date of the decision. The variation included changes to the employees' entitlements and working conditions, as proposed by ALS Industrial Pty Ltd. The decision was made in the interest of achieving a fair and equitable outcome for both parties and promoting a more efficient and effective workplace.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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