DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd
(AG2015/7122)

ALS INDUSTRIAL DIVISION - AMWU - ONSHORE MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2016

Application for approval of the ALS Industrial Division - AMWU - Onshore Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Division - AMWU - Onshore Maintenance 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] TheAustralian Manufacturing Workers’ Unionbeing 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 12 January 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALS Industrial Pty Ltd sought approval for the ALS Industrial Division - AMWU - Onshore Maintenance Enterprise Agreement 2015. The Australian Manufacturing Workers' Union (AMWU) was the applicant, and the proceedings were held in the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether the agreement was in the public interest and provided a safety net for employees.

The key legal issues the Commission needed to address were whether the agreement was a safety net agreement and if it would have a detrimental effect on the operations of ALS Industrial. The AMWU argued that the agreement would provide fair and reasonable terms and conditions for employees, ensuring a safety net for them. Conversely, ALS Industrial contended that the agreement did not appropriately balance the interests of employees with those of the company and would negatively impact the operational efficiency of the business.

The Commission determined that the agreement did provide a safety net for employees and was in the public interest. It found that the proposed terms and conditions were fair and reasonable, taking into account the specific circumstances of the workforce and the operations of ALS Industrial. The Commission concluded that the agreement did not have a detrimental effect on the company's operations and approved the agreement. The AMWU's application for approval was thus successful.

The Fair Work Commission approved the ALS Industrial Division - AMWU - Onshore Maintenance Enterprise Agreement 2015, finding that it met the criteria for approval under the Fair Work Act 2009.

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