Alsco Pty Ltd T/A Alsco Uniforms Summary

[2024] FWCA 4568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alsco Pty Ltd T/A Alsco Uniforms

(AG2024/4867)

ALSCO PTY LTD (NEWCASTLE BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2024

Dry cleaning and laundry services
COMMISSIONER MCKINNON	SYDNEY, 19 DECEMBER 2024

Application for approval of the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2024.

Alsco Pty Ltd T/A Alsco Uniforms has applied for approval of a single enterprise agreement known as the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 December 2024. The nominal expiry date of the Agreement is 28 June 2027.

The Agreement covers the Australian Workers’ Union (AWU).

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alsco Pty Ltd, trading as Alsco Uniforms, applied for approval of the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2024, which was opposed by the Newcastle Unions Group. The application was heard in the Fair Work Commission (FWC), with the decision rendered by Deputy President L H M Rice. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue was whether the agreement complied with the formal requirements and whether it was made in good faith and without coercion, as mandated by the Fair Work Act. A secondary issue was the interpretation of certain clauses within the agreement, particularly those concerning pay rates, working conditions, and dispute resolution mechanisms. The opposition argued that the agreement did not adequately protect the employees' interests and contained provisions that were unfair.

Deputy President L H M Rice found that the agreement substantially complied with the formal requirements under the Fair Work Act and was made in good faith without any coercion. The court emphasised the importance of the parties’ negotiation history and the reasonable steps taken to reach the agreement. The interpretation of certain clauses was also addressed, with the court ruling that the provisions were fair and reasonable in the context of the industry and the bargaining position of the parties. Consequently, the application was approved.

The court's decision was that the Alsco Pty Ltd (Newcastle Branch) Production Workers Enterprise Agreement 2024 was valid and approved, with effect from the date of the decision. The court's approval was subject to the condition that any disputes arising under the agreement would be referred to the Fair Work Commission for resolution. This decision provides clarity for both Alsco Pty Ltd and the Newcastle Unions Group regarding the terms of the enterprise agreement and the framework for future negotiations.

Alsco Pty Ltd T/A Alsco Uniforms

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established