Alsco Pty Ltd

[2013] FWCA 8834

FAIR WORK COMMISSION

DECISION

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

Alsco Pty Ltd
(AG2013/9881)

ALSCO PTY LTD (FOOTSCRAY BRANCH) ENTERPRISE AGREEMENT 2013

Dry cleaning and laundry services
COMMISSIONER BULL	SYDNEY, 11 NOVEMBER 2013

Application for approval of the Alsco Pty Ltd (Footscray Branch) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alsco Pty Ltd (Footscray Branch) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers the employer’s laundry workers. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] United Voice 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 this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 18 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Alsco Pty Ltd applied for the approval of the Alsco Pty Ltd (Footscray Branch) Enterprise Agreement 2013. The respondents, the Australian Manufacturing Workers' Union, represented the employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, including its provisions on minimum entitlements and procedural fairness.

The primary legal issues involved whether the enterprise agreement appropriately addressed minimum entitlements and if the process leading to its negotiation and conclusion was procedurally fair. Specifically, the respondents contended that the agreement failed to ensure employees received the minimum rates of pay and other entitlements as per the Act, and that the negotiation process did not adhere to required procedural standards.

The Commission carefully examined the agreement and the negotiation process. It found that the agreement did provide for the minimum entitlements as mandated by the Act. Furthermore, the Commission determined that the process leading to the agreement was procedurally fair, as it involved genuine negotiations between the parties. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The final orders of the Commission included the approval of the Alsco Pty Ltd (Footscray Branch) Enterprise Agreement 2013, effective from the date of the decision. This decision confirmed the agreement's validity and enforceability under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established