DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsco Pty Ltd T/A Alsco
(AG2017/5302)

ALSCO PTY LTD (FOOTSCRAY BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2017

Dry cleaning and laundry services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MARCH 2018

Application for approval of the Alsco Pty Ltd (Footscray Branch) Production Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Alsco Pty Ltd (Footscray Branch) Production Workers Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 March 2018 and, in accordance with s.54, will operate from 28 March 2018. The nominal expiry date of the Agreement is 21 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alsco Pty Ltd (trading as Alsco) applied for approval of the Alsco Pty Ltd (Footscray Branch) Production Workers Enterprise Agreement 2017. The application was brought under the Fair Work Act 2009. The respondents to the application included the Australian Manufacturing Workers' Union and the Australian Services Union. The dispute centred around whether the agreement met the requirements of the Act for it to be approved by the Fair Work Commission.

The primary legal issues before the Court were whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Court considered whether the agreement was made in accordance with the bargaining processes outlined in the Act. Substantively, the Court examined whether the agreement contained provisions that met the minimum standards set out in the Act, including provisions on pay rates, hours of work, and other employment conditions. The Court also had to consider whether the agreement provided for a fair and efficient bargaining process.

The Court found that the agreement complied with the procedural requirements of the Act, as it was made following a genuine and fair bargaining process. It also found that the agreement met the substantive requirements, as it provided for fair and reasonable terms and conditions of employment, including pay rates and hours of work. The Court determined that the agreement did not contain any provisions that would be contrary to the public interest or that would undermine the protection of employees' rights. The Court was satisfied that the agreement provided for a fair and efficient bargaining process and that it met the requirements of the Act.

The Court approved the Alsco Pty Ltd (Footscray Branch) Production Workers Enterprise Agreement 2017. The agreement was registered on the Register of Approved Agreements, and the parties were directed to give written notice of the registration to all employees covered by the agreement. The Court's decision was final and binding, and the agreement was to be treated as if it had been made under the Act.

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