ALS Industrial Pty Ltd

[2014] FWCA 6665

FAIR WORK COMMISSION

DECISION

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

ALS Industrial Pty Ltd
(AG2014/7442)

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

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 September 2014. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALS Industrial Pty Ltd, on behalf of its employees, sought approval of the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014, from the Fair Work Commission. The application was brought pursuant to section 234 of the Fair Work Act 2009. The dispute centred around the fairness and appropriateness of the terms and conditions proposed in the enterprise agreement, including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it was appropriately negotiated and fairly represented the interests of both employers and employees. Specifically, the Commission had to determine whether the agreement provided for minimum entitlements, included a process for resolving disputes, and was free from any unfair provisions that would undermine the employees' rights or the efficient operation of the business.

The Fair Work Commission carefully considered the evidence and submissions from both parties. It examined the negotiation process, the content of the agreement, and the compliance with the legal standards set out in the Fair Work Act. The Commission found that the agreement met the legislative requirements and was appropriately negotiated. The proposed terms were deemed to be fair and reasonable, considering the nature of the industry and the interests of both employers and employees. Consequently, the Commission approved the application, finding the agreement to be in the best interests of the parties involved.

The final orders of the Commission were that the ALS Industrial Division (Northern & Eastern Australia) Enterprise Agreement 2014 be approved and registered under the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment conditions for the relevant employees until the agreement expires or is replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established