ALS Industrial Pty Ltd

[2022] FWCA 1325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ALS Industrial Pty Ltd

(AG2022/1042)

ALS Industrial (Victoria) - AMWU - Enterprise Agreement 2021

Industries not otherwise assigned
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 APRIL 2022

Application for the approval of ALS Industrial (Victoria) - AMWU - Enterprise Agreement 2021

An application has been made by ALS Industrial Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the ALS Industrial (Victoria) - AMWU - Enterprise Agreement 2021 (the Agreement).

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

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2022. The nominal expiry date of the Agreement is 14 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALS Industrial Pty Ltd sought the approval of an enterprise agreement under the Fair Work Act 2009. The applicant and the Australian Manufacturing Workers' Union (AMWU) had reached an agreement to be applied to employees in Victoria. The court was tasked with determining whether the agreement met the necessary criteria for approval as prescribed by the Act. The primary issue before the court was whether the agreement was a "better off overall test" (BOOT) agreement. This required the court to consider if the terms and conditions of the agreement provided employees with a benefit that was at least as good as what they would have received under the applicable award or registered agreement.

The court considered various aspects of the agreement, including the overall pay rates, penalty rates, leave entitlements, and other conditions. It was essential to assess whether the agreement provided benefits that were at least as good as those in the relevant award or registered agreement, and whether it included a genuine attempt to facilitate improved productivity, efficiency, or profitability. The court also examined whether the agreement contained terms that were contrary to the public interest or contrary to the Act's purpose. After reviewing the evidence and submissions, the court found that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

Consequently, the court approved the ALS Industrial (Victoria) - AMWU - Enterprise Agreement 2021. The agreement was deemed to be a BOOT agreement and did not contravene any provisions of the Act. The terms and conditions of the agreement were considered to be fair and reasonable, providing benefits to the employees that were at least as good as those in the applicable award or registered agreement. The approval of the agreement ensures that the terms and conditions will apply to the employees in Victoria for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established