Alsco Pty Ltd Summary

[2022] FWCA 1960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alsco Pty Ltd

(AG2022/1676)

ALSCO PTY LTD (FOOTSCRAY BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2022

Dry cleaning and laundry services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 JUNE 2022

Application for approval of the ALSCO PTY LTD (FOOTSCRAY BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2022

Alsco Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ALSCO PTY LTD (FOOTSCRAY BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 16 June 2022 and, in accordance with s 54, will operate from 23 June 2022. The nominal expiry date of the Agreement is 16 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alsco Pty Ltd sought approval for the ALSCO PTY LTD (FOOTSCRAY BRANCH) Production Workers Enterprise Agreement 2022. The applicant, Alsco, is an employer in the uniform hire services industry, and the dispute centred on the terms and conditions of employment for its production workers at the Footscray branch. The case was heard by the Fair Work Commission (FWC), which has jurisdiction over such matters under the Fair Work Act 2009. The primary concern was whether the agreement met the statutory requirements for approval and whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations.

The legal issues before the FWC included whether the agreement was genuinely negotiated, whether it contained all the mandated minimum terms and conditions, and whether it complied with the 'better off overall test' (BOOT) under the Fair Work Act. The BOOT required that the agreement be at least as favourable to the employees as the applicable award, and the FWC had to assess whether the agreement provided a better overall package of pay and conditions than what would be available under the relevant industrial award. Additionally, the FWC needed to consider whether the agreement provided for a fair and reasonable process for resolving disputes and the inclusion of any necessary transitional provisions.

The FWC found that the ALSCO PTY LTD (FOOTSCRAY BRANCH) Production Workers Enterprise Agreement 2022 was genuinely negotiated between the employer and the employees' representatives. The agreement contained all the mandated minimum terms and conditions, including provisions for pay rates, classification of roles, leave entitlements, and dispute resolution mechanisms. The FWC also determined that the agreement met the BOOT, providing employees with a better overall package of pay and conditions compared to the applicable award. The agreement included adequate provisions for resolving disputes and contained appropriate transitional arrangements to facilitate the implementation of the new agreement. Based on these findings, the FWC approved the agreement.

The final order of the FWC was the approval of the ALSCO PTY LTD (FOOTSCRAY BRANCH) Production Workers Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and it would apply to the production workers at the Footscray branch of Alsco Pty Ltd. This decision ensures that the employees will benefit from the negotiated terms and conditions, providing them with a fair and reasonable employment agreement.

Alsco Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established