DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd
(AG2020/258)

ALS INDUSTRIAL PTY LTD (WA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 3 MARCH 2020

Application for approval of the ALS Industrial Pty Ltd (WA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Pty Ltd (WA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by ALS Industrial Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ALS Industrial Pty Ltd, an employer, sought approval of an enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission. The key legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions regarding pay rates and conditions. The employer argued that the agreement was fair and reasonable, while the union contended that certain clauses did not adequately protect employee interests.

The Commission examined the fairness of the agreement by considering whether it met the "better off overall test" under section 174 of the Act. This required the Commission to assess if the agreement would provide employees with at least the same terms and conditions as they would have under the applicable award or safety net award, taking into account any improvements. The Commission noted the specific concerns raised by the union regarding the pay rates and conditions, and scrutinised whether these elements met the statutory standards for fairness. After reviewing the evidence and submissions, the Commission determined that the agreement did indeed meet the statutory requirements for approval.

Having found the agreement to be fair and reasonable, the Commission approved the ALS Industrial Pty Ltd (WA) Enterprise Agreement 2019. The approval ensured that the agreement would govern the terms and conditions of employment for the relevant employees, subject to any specific authorisations or exemptions granted by the Fair Work Act. The decision confirmed the employer's right to implement the agreed terms and conditions, provided they complied with the provisions of the approved enterprise agreement.

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