DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsco Pty Ltd
(AG2015/1431)

ALSCO SERVICE DELIVERY ADELAIDE BRANCH ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JUNE 2015

Application for approval of the Alsco Service Delivery Adelaide Branch Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alsco Service Delivery Adelaide Branch Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alsco Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 24 June 2015 an undertaking was provided by Mr P Shillabeer, Branch General Manager of the Company, in relation to clause 1.9 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 27 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alsco Pty Ltd was before the Fair Work Commission, where the company applied for the approval of the Alsco Service Delivery Adelaide Branch Enterprise Agreement 2015. The agreement was entered into between Alsco, an Australian company that provides uniform and linen hire services, and the Australian Manufacturing Workers' Union, which represents employees within the company's Adelaide branch. The dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009.

The legal issues for the commission to consider included whether the agreement was made in good faith, whether it was free from any coercion or harassment, and if it contained terms that were procedurally and substantively fair. The commission also had to consider whether the agreement complied with the requirements of the Fair Work Act, including the need for it to cover certain 'protected actions' and to meet the 'better off overall test'.

In its decision, the Fair Work Commission examined the evidence provided by both parties and considered the nature of the bargaining process. The commission concluded that the agreement was made in good faith and without any undue influence or pressure. It was found to be procedurally fair as it followed the appropriate bargaining procedures and was substantively fair as it provided employees with terms and conditions that were better off overall compared to the existing awards. The commission also confirmed that the agreement met all the legal requirements under the Fair Work Act.

The Fair Work Commission approved the Alsco Service Delivery Adelaide Branch Enterprise Agreement 2015, finding that it was made fairly and complied with the necessary legal standards. This approval meant that the agreement could be registered and would govern the terms and conditions of employment for employees covered by the agreement.

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