DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsco Pty Ltd
(AG2019/60)

ALSCO SERVICES DELIVERY ADELAIDE BRANCH ENTERPRISE AGREEMENT 2018

Dry cleaning and laundry services
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Alsco Services Delivery Adelaide Branch Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alsco Services Delivery Adelaide Branch Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alsco Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 March 2019.

[3] On 1 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 April 2019. The undertaking provides that clause 5.3.2.2 of the Agreement will have no effect.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 9 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Alsco Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement. The application involved the Alsco Services Delivery Adelaide Branch Enterprise Agreement 2018, which was the subject of dispute between the employer, Alsco Pty Ltd, and the union representing the employees, the Shop, Distributive and Allied Employees' Association (SDA). The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement had been fairly negotiated, whether it complied with the applicable minimum standards, and whether it was in the best interests of the employees.

The Fair Work Commission carefully examined the evidence and submissions from both parties, focusing on the process of negotiation, the content of the agreement, and its compliance with the Fair Work Act. The Commission considered whether the agreement had been genuinely negotiated, as evidenced by the parties' conduct and the documentation provided. Additionally, the Commission assessed the terms and conditions of the agreement against the Fair Work Act's minimum standards, including pay rates, leave entitlements, and other employment conditions. The Commission also evaluated whether the agreement was in the best interests of the employees, taking into account the overall benefits and protections provided by the agreement.

After thorough consideration, the Fair Work Commission determined that the Alsco Services Delivery Adelaide Branch Enterprise Agreement 2018 had been fairly negotiated and met the statutory requirements for approval. The Commission found that the agreement complied with the applicable minimum standards and was in the best interests of the employees. Consequently, the Commission approved the agreement, recognising its validity and enforceability under the Fair Work Act.

The Fair Work Commission's final order was to approve the Alsco Services Delivery Adelaide Branch Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions. The approval marked the resolution of the dispute and established a framework for future industrial relations between Alsco Pty Ltd and the SDA.

Alsco Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established