DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd T/A ALS Industrial
(AG2020/3311)

ALS INDUSTRIAL (NORTHERN & EASTERN AUSTRALIA) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the ALS Industrial (Northern & Eastern Australia) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial (Northern & Eastern Australia) Enterprise Agreement 2020 (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 T/A ALS Industrial. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 27 November 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ALS Industrial Pty Ltd T/A ALS Industrial sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees working in northern and eastern Australia. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was made in good faith and whether it provided for appropriate mechanisms for dispute resolution.

The legal issues before the court included whether the agreement complied with the formal requirements of section 229 of the Fair Work Act and whether it met the good faith test under section 233. The court also had to consider if the agreement provided adequate dispute resolution mechanisms. Furthermore, the court examined whether the agreement contained terms that were in the best interests of the employees, including provisions for wages, hours of work, and other conditions of employment.

The court found that the agreement was made in good faith and complied with the formal requirements of the Fair Work Act. The agreement was deemed to provide appropriate mechanisms for dispute resolution and was in the best interests of the employees. The court noted the extensive consultation process undertaken by the parties and the efforts to reach a consensus on the terms of the agreement. Given these findings, the court approved the ALS Industrial (Northern & Eastern Australia) Enterprise Agreement 2020.

The final orders included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees. The agreement was set to commence on a specified date, and the court mandated that both parties adhere to the terms as outlined. The decision emphasised the importance of good faith bargaining and the role of the Fair Work Commission in ensuring fair and effective enterprise agreements.

ALS Industrial Pty Ltd T/A ALS Industrial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established