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

[2014] FWCA 8615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALS Metallurgy Pty Ltd (as trustee for the Ammtec Unit Trust) T/A ALS Metallurgy
(AG2014/7885)

ALS BURNIE ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the ALS Burnie Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ALS Burnie Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 Applicant 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.

[4] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 1 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ALS Metallurgy Pty Ltd (as trustee for the Ammtec Unit Trust) trading as ALS Metallurgy applied to the Fair Work Commission for approval of the ALS Burnie Enterprise Agreement 2014. The applicant sought to have the agreement, which was entered into in accordance with section 174 of the Fair Work Act 2009, approved as a simple or low risk agreement, without a vote. The applicant argued that the agreement was a simple or low risk agreement because it involved relatively minor changes to the terms and conditions of employment of employees and did not involve any significant changes to the rights, obligations or conditions of employment of employees.

The Commission was required to determine whether the agreement was a simple or low risk agreement under section 179 of the Act. In determining this, the Commission considered whether the agreement involved minor changes to the terms and conditions of employment of employees and whether it involved any significant changes to the rights, obligations or conditions of employment of employees. The Commission found that the agreement involved minor changes to the terms and conditions of employment of employees and did not involve any significant changes to the rights, obligations or conditions of employment of employees. Accordingly, the Commission approved the agreement as a simple or low risk agreement, without a vote.

The final orders of the Commission were that the ALS Burnie Enterprise Agreement 2014 be approved as a simple or low risk agreement, without a vote, and that the approval be published in the Commonwealth Register of Approved Agreements. The applicant was ordered to pay the costs of the application.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established