DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd
(AG2015/7192)

ALS INDUSTRIAL DIVISION (VICTORIA) - AMWU - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2016

Application for approval of the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2015 (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 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Manufacturing Workers Union 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 13 January 2016. The nominal expiry date of the Agreement is 20 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

ALS Industrial Pty Ltd was the subject of an application for the approval of an enterprise agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) had negotiated the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2015 with the company. The application was made to the Fair Work Commission, which had to determine whether the agreement met the requirements for approval under the Act. The primary issue before the Commission was whether the agreement adequately covered the employees and the terms and conditions of their employment, and whether it was free from any unfair content. Additionally, the Commission had to consider whether the agreement complied with the "better off overall test" as stipulated by the Act, ensuring that the employees would be no worse off financially and potentially better off overall under the terms of the new agreement compared to their previous conditions.

The Fair Work Commission meticulously examined the agreement, focusing on its provisions, the process by which it was negotiated, and the extent to which it addressed the needs and interests of the employees. The Commission assessed whether the agreement was made in good faith and whether it provided for a fair and reasonable resolution of the employment terms. The AMWU presented arguments supporting the agreement, highlighting its benefits to the employees, including improved working conditions and better remuneration. Conversely, ALS Industrial Pty Ltd argued that certain provisions of the agreement were excessive and could potentially harm the company's financial stability. After thorough deliberation, the Commission concluded that the agreement met the necessary criteria for approval. It was found to be fair, reasonable, and in compliance with the statutory requirements, thereby satisfying the better off overall test.

The Fair Work Commission approved the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2015. This decision was based on the comprehensive evaluation of the agreement's contents, the negotiation process, and its overall impact on the employees. The Commission found that the agreement effectively addressed the employees' needs, provided fair terms, and did not impose any unreasonable burdens on the employer. Consequently, the agreement was certified as compliant with the Fair Work Act 2009. This certification ensured that the terms of the agreement would govern the employment conditions of the relevant employees, providing them with a clear and legally binding framework for their work.

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