DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ALS Industrial Pty Ltd T/A ALS Industrial
(AG2020/1435)

ALS INDUSTRIAL POWER SERVICES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2020

Application for variation of the ALS Industrial Power Services Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the ALS Industrial Power Services Enterprise Agreement 2018 (the Agreement). The application was made by ALS Industrial Pty Ltd T/A ALS Industrial pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 August 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 17 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter between ALS Industrial Pty Ltd, trading as ALS Industrial, and the Electrical Trades Union of Australia (ETUA) was heard in the Fair Work Commission. ALS Industrial sought to vary the ALS Industrial Power Services Enterprise Agreement 2018 to reduce the number of employees classified as power workers. The ETUA opposed the application, arguing that the proposed changes would result in significant detriment to its members. The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were in accordance with the principles of the Fair Work Act 2009, specifically whether the changes were in the interests of the employees and whether they were fair and reasonable.

The Fair Work Commission examined the impact of the proposed changes on the employees, including their wages, hours of work, and job security. The Commission also considered the need for the changes and whether there were any alternative measures that could be implemented to achieve the same outcome. After carefully weighing all the evidence and arguments presented by both parties, the Commission found that the proposed changes were in the best interests of the employees and were fair and reasonable. The Commission determined that the changes would result in a more efficient and cost-effective operation for ALS Industrial, which would ultimately benefit the employees.

In light of the above, the Fair Work Commission granted ALS Industrial's application for variation of the ALS Industrial Power Services Enterprise Agreement 2018. The changes, which included reducing the number of employees classified as power workers, were approved and will come into effect on the date specified in the order. The ETUA was granted leave to appeal the decision to the Federal Court of Australia. However, the Commission's decision stands unless and until it is overturned on appeal.

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