ALS Industrial Pty Ltd Summary

[2013] FWCA 647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd
(AG2012/13202)

ALS INDUSTRIAL PTY LTD QUEENSLAND LNG PROJECTS UNION ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 30 JANUARY 2013

Application for approval of the ALS Industrial Pty Ltd Queensland LNG Projects Union Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Pty Ltd Queensland LNG Projects Union Enterprise Agreement. (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as Australian Manufacturing Workers’ Union (the AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2013. The nominal expiry date of the Agreement is 21 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, ALS Industrial Pty Ltd applied for approval of the ALS Industrial Pty Ltd Queensland LNG Projects Union Enterprise Agreement. The applicant, a company involved in the construction and maintenance of industrial facilities, sought to have the enterprise agreement, which sets out the terms and conditions of employment for its employees, approved by the Commission. The union, which represents the employees, opposed the application, raising various concerns about the agreement's provisions.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was a genuine enterprise agreement, whether it provided for a fair and efficient workplace, and whether it met the "better off overall test." The Commission had to determine whether the agreement was genuinely negotiated between the parties, whether it provided for fair and reasonable terms and conditions of employment, and whether it met the "better off overall test," which required that employees be no worse off and at least some employees be better off under the agreement compared to their previous terms and conditions.

After considering the evidence and submissions from both parties, the Commission found that the agreement was a genuine enterprise agreement and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement met the "better off overall test," as some employees would be better off under the agreement, and no employees would be worse off. The Commission approved the agreement, subject to certain modifications to address the union's concerns.

The final orders of the Commission included the approval of the ALS Industrial Pty Ltd Queensland LNG Projects Union Enterprise Agreement, with modifications to certain provisions, and a direction to the parties to take steps to ensure that the agreement was brought into operation as soon as practicable. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the approved agreement be provided to the parties and their employees.

ALS Industrial Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established