DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd T/A ALS Industrial
(AG2016/6539)

ALS INDUSTRIAL DIVISION (VICTORIA) - AMWU - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 16 DECEMBER 2016

Application for approval of the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2016 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 20 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved ALS Industrial Pty Ltd, trading as ALS Industrial, and the Australian Manufacturing Workers' Union. The dispute centred around the application for approval of the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2016. The AMWU sought approval of the agreement under the Fair Work Act 2009, arguing that it met the criteria for registration, including provisions for employee rights and protections. ALS Industrial contested the approval, raising objections on various grounds, including the fairness and appropriateness of certain clauses in the agreement.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was fairly negotiated, and whether it provided for proper protections for employees, particularly those in precarious employment situations. The Commission had to determine if the agreement met the statutory requirements for fair and equitable treatment of employees and if it complied with the provisions of the Fair Work Act regarding enterprise agreements.

The Commission found that the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2016 was fairly negotiated and met the mandatory requirements under the Fair Work Act. It was noted that the agreement provided for adequate protections for employees, including those in precarious employment situations, and contained provisions that were fair and reasonable. The Commission also acknowledged the efforts made by both parties to reach a consensus on the terms of the agreement. As such, the Commission approved the application for the enterprise agreement, finding it to be in compliance with the statutory requirements and appropriate for registration.

The Fair Work Commission approved the ALS Industrial Division (Victoria) - AMWU - Enterprise Agreement 2016, recognising it as a valid and enforceable agreement under the Fair Work Act. The decision confirmed the agreement's compliance with the statutory requirements and its fairness in protecting the rights and interests of employees within the ALS Industrial Division.

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