Alsco Pty Ltd T/A Alsco Pty Ltd Summary

[2022] FWCA 614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alsco Pty Ltd T/A Alsco Pty Ltd

(AG2022/93)

ALSCO PTY LTD (NEWCASTLE BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2021

Dry cleaning and laundry services
COMMISSIONER P RYAN	SYDNEY, 22 FEBRUARY 2022

Application for approval of the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2021

Alsco Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Workers Union (the AWU), 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) of the Act, I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 30 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alsco Pty Ltd, trading as Alsco Pty Ltd, applied for approval of the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The central issue in the case was whether the agreement complied with the procedural and substantive requirements set out in the legislation. The applicants argued that the agreement was fairly negotiated and met the necessary conditions for endorsement.

The Fair Work Commission examined the process through which the agreement was negotiated and whether it complied with the procedural fairness standards. The Commission also evaluated the content of the agreement to ensure it met the substantive requirements, including provisions for minimum wages, leave entitlements, and other conditions of employment. The Commission determined that the agreement was negotiated in good faith and that the parties had complied with the necessary procedural steps. It also found that the substantive provisions of the agreement met the statutory minimum standards and were consistent with the spirit of the Act.

Following its analysis, the Fair Work Commission approved the agreement, finding it to be fair and reasonable. The Commission noted that the agreement provided for fair and equitable terms and conditions of employment and complied with all legal requirements. The approval of the agreement ensures that the terms and conditions of employment for the production workers at the Newcastle Branch of Alsco Pty Ltd are legally binding and enforceable. The Fair Work Commission's decision provides clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

Alsco Pty Ltd T/A 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