ALS T/A ACIRL Pty Ltd

[2013] FWCA 8491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ALS T/A ACIRL Pty Ltd
(AG2013/10760)

ACIRL PROPRIETARY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 25 OCTOBER 2013

Application for approval of the ACIRL Proprietary Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ACIRL Proprietary Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACIRL Proprietary Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 24 October 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Senior HR Advisor, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 25 October 2014.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of ALS T/A ACIRL Proprietary Limited, the Fair Work Commission was called upon to consider the approval of the ACIRL Proprietary Limited Enterprise Agreement 2013. The dispute involved the ALS T/A ACIRL Pty Ltd and its employees, represented by the Australian Manufacturing Workers' Union. The primary issue was whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees and the employer.

The legal issues before the court centred on whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it complied with the legislative requirements for enterprise agreements. Specific considerations included the procedural fairness in the negotiation process, the clarity and comprehensiveness of the agreement's provisions, and the balance of benefits and obligations between the parties.

The Fair Work Commission found that the negotiation process was fair and that the agreement was comprehensive and adequately balanced the rights and responsibilities of the employer and the employees. The Commission noted that the agreement contained provisions that were fair and reasonable in all respects, including those concerning wages, hours of work, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the ACIRL Proprietary Limited Enterprise Agreement 2013, recognising its alignment with the principles of the Fair Work Act 2009.

The final orders of the Commission included the approval of the ACIRL Proprietary Limited Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate as intended within the legal framework established by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established