DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsco Pty Ltd T/A Alsco
(AG2018/1271)

ALSCO PTY LTD (MULGRAVE BRANCH) SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Alsco Pty Ltd (Mulgrave Branch) Service Department Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alsco Pty Ltd (Mulgrave Branch) Service Department Enterprise Agreement 2018 (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 T/A Alsco. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[3] 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.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the panel was an application for the approval of the Alsco Pty Ltd (Mulgrave Branch) Service Department Enterprise Agreement 2018. The application was brought by Alsco Pty Ltd, and the respondent was the Australian Services Union. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on the agreement's compliance with minimum entitlements and the process by which it was negotiated.

The legal issues before the commission included whether the agreement contained all the mandatory terms and conditions stipulated by the Fair Work Act, whether the agreement was made in good faith, and whether the appropriate procedural fairness was observed during the negotiation process. Furthermore, the commission had to consider if the agreement provided for appropriate mechanisms for resolving workplace disputes and if the agreement allowed for the protection of employees' rights to freedom of association.

The commission found that the agreement largely complied with the mandatory requirements of the Fair Work Act. The agreement contained all the necessary minimum entitlements and provided for adequate dispute resolution mechanisms. The panel was satisfied that the agreement was made in good faith and that procedural fairness was observed during the negotiation process. Consequently, the commission approved the Alsco Pty Ltd (Mulgrave Branch) Service Department Enterprise Agreement 2018, deeming it to be compliant with the statutory requirements and beneficial for both the employees and the employer.

Alsco Pty Ltd T/A Alsco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established