ALS Water & Hydrographics Pty Ltd T/A ALS

[2022] FWCA 4355

[2022] FWCA 4355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ALS Water & Hydrographics Pty Ltd T/A ALS

(AG2022/4931)

ALS Water & Hydrographics Enterprise Agreement 2022

Scientific services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 13 DECEMBER 2022

Application for approval of the ALS Water & Hydrographics Enterprise Agreement 2022

1. ALS Water & Hydrographics Pty Ltd has applied for approval of an enterprise agreement known as the ALS Water & Hydrographics Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 5.2.1 – Annual Leave;

·   Clause 5.3.1 – Statutory Personal/Carer’s Leave;

·   Clause 5.3.4 – Carer’s Leave; and

·   Clause 5.8 – Bereavement Leave.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518516  PR748788>

Annexure A