Alsco Pty Ltd

[2024] FWCA 4006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alsco Pty Ltd

(AG2024/4069)

ALSCO PTY LTD WOLLONGONG BRANCH PRODUCTION WORKERS ENTERPRISE AGREEMENT 2024

Dry cleaning and laundry services
DEPUTY PRESIDENT DEAN	CANBERRA, 18 NOVEMBER 2024

Application for approval of the Alsco Pty Ltd Wollongong Branch Production Workers Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Alsco Pty Ltd Wollongong Branch Production Workers Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alsco Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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.

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 Australian Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2024. The nominal expiry date of the Agreement is 28 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alsco Pty Ltd, a company involved in linen and uniform hire, presented an application to the Fair Work Commission (FWC) for the approval of the Alsco Pty Ltd Wollongong Branch Production Workers Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, specifically section 231, seeking to have the agreement certified as a single-employer, single-enterprise, and single-industry agreement. The application was opposed by the Australian Manufacturing Workers’ Union (AMWU), which raised concerns about the adequacy of the proposed agreement in terms of pay rates, leave entitlements, and other conditions of employment.

The central legal issue before the Commission was whether the proposed agreement met the criteria for registration under the Fair Work Act, including ensuring that it provided for fair and reasonable terms and conditions of employment. The AMWU argued that the agreement did not adequately protect the interests of the employees, particularly in relation to pay rates and leave entitlements, and that it failed to provide for adequate representation and consultation mechanisms. Alsco Pty Ltd, on the other hand, contended that the agreement was fair and reasonable and met all the statutory requirements for approval.

The Commission examined the proposed agreement in detail, considering the evidence and submissions from both parties. It found that the agreement provided for terms and conditions of employment that were fair and reasonable, taking into account the economic circumstances and the need for flexibility and efficiency in the workplace. The Commission was satisfied that the agreement provided adequate protection for employees’ interests, including provisions for pay rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement provided for adequate representation and consultation mechanisms, ensuring that employees’ voices were heard in the workplace. Based on these findings, the Commission approved the proposed agreement, finding that it met the criteria for registration under the Fair Work Act.

The Commission made an order approving the Alsco Pty Ltd Wollongong Branch Production Workers Enterprise Agreement 2024 as a single-employer, single-enterprise, and single-industry agreement. The order also included a provision for the agreement to be registered with the Fair Work Commission Registry. The order was made under section 231 of 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