DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Metallurgy Pty Ltd (as trustee for the Ammtec Unit Trust) T/A ALS Metallurgy
(AG2019/556)

ALS BURNIE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 MAY 2019

Application for approval of the ALS Burnie Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ALS Burnie Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ALS Metallurgy Pty Ltd (as trustee for the Ammtec Unit Trust) T/A ALS Metallurgy. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 29 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, ALS Metallurgy Pty Ltd (as trustee for the Ammtec Unit Trust) trading as ALS Metallurgy, sought approval of the ALS Burnie Enterprise Agreement 2019 from the Fair Work Commission. The respondents, a group of employees, challenged the agreement on various grounds, including whether it provided adequate pay and conditions. The dispute was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth).

The primary legal issues the court needed to determine were whether the agreement was genuinely bargained for and if it provided for fair and reasonable terms and conditions. The court had to consider whether the agreement was made without coercion and whether it provided employees with a safety net of minimum wages and conditions. The court also examined whether the agreement provided for reasonable notice, redundancy, and other terms that were fair and reasonable in all aspects.

The Fair Work Commission found that the ALS Burnie Enterprise Agreement 2019 was genuinely bargained for and provided for fair and reasonable terms and conditions. The court accepted that the agreement was made without coercion and provided employees with a safety net of minimum wages and conditions. The court also found that the agreement provided for reasonable notice, redundancy, and other terms that were fair and reasonable in all aspects. The court noted that the agreement provided for a number of improvements to the employees' conditions, including increased pay rates and better leave provisions.

The Fair Work Commission approved the ALS Burnie Enterprise Agreement 2019, subject to certain modifications. The modifications related to the calculation of penalty rates and the inclusion of a clause that allowed for the variation of the agreement by written agreement between the parties. The court considered that these modifications were necessary to ensure that the agreement complied with the requirements of the Fair Work Act 2009 (Cth).

ALS Metallurgy Pty Ltd (as trustee for the Ammtec Unit Trust) T/A ALS Metallurgy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established