DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Industrial Pty Ltd T/A ALS Industrial Power Services
(AG2018/1761)

ALS INDUSTRIAL POWER SERVICES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 AUGUST 2018

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

[1] An application has been made for approval of an enterprise agreement known as the ALS Industrial Power Services Enterprise Agreement 2018 (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 Power Services. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Agreement was approved on 27 August 2018 and, in accordance with s.54, will operate from 3 September 2018. The nominal expiry date of the Agreement is 20 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, ALS Industrial Pty Ltd, trading as ALS Industrial Power Services, applied for approval of the ALS Industrial Power Services Enterprise Agreement 2018. The application was made by the employer, who sought to finalise a new agreement to replace the previous one that had expired. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a genuine enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for enterprise agreements, including provisions relating to minimum entitlements, the bargaining process, and the agreement's overall fairness and reasonableness. The Commission also needed to consider whether the agreement provided for appropriate mechanisms to facilitate the resolution of disputes between the parties.

The Commission found that the proposed agreement met all the statutory requirements and was a genuine enterprise agreement. The agreement contained provisions that ensured employees were not worse off than under the previous agreement and provided for appropriate mechanisms to resolve disputes. The Commission was satisfied that the bargaining process was genuine and that the agreement was fair and reasonable. Accordingly, the Commission approved the ALS Industrial Power Services Enterprise Agreement 2018, which will now be in effect for the relevant employees.

ALS Industrial Pty Ltd T/A ALS Industrial Power Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established