DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd T/A ALS Industrial
(AG2016/5733)

ALS INDUSTRIAL PTY LTD (WA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the ALS Industrial Pty Ltd (WA) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Pty Ltd (WA) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 “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 was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALS Industrial Pty Ltd, trading as ALS Industrial, applied to the Fair Work Commission for approval of the ALS Industrial Pty Ltd (WA) Enterprise Agreement 2016. The primary dispute was whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner K.G. Taylor, was tasked with determining the validity of the agreement.

The legal issues before the Commission included whether the agreement contained all the mandated minimum terms and conditions, if the bargaining process complied with the statutory requirements, and if the agreement adhered to the good faith bargaining principle. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and was consistent with broader public policy objectives.

The Commission found that the agreement substantially complied with the necessary requirements. It included all the mandated minimum terms and conditions, and the bargaining process was conducted in good faith. The agreement was deemed to be fair and reasonable, providing adequate protections for employees. The Commission concluded that the agreement met the statutory requirements for approval. The Commission approved the ALS Industrial Pty Ltd (WA) Enterprise Agreement 2016, recognising its compliance with the Fair Work Act 2009.

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