DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alto Manufacturing Pty Ltd t/a Alto Manufacturing
(AG2015/6464)

ALTO MANUFACTURING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the Alto Manufacturing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alto Manufacturing Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alto Manufacturing Pty Ltd t/a Alto Manufacturing. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 5 November 2015 and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 12 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alto Manufacturing Pty Ltd, trading as Alto Manufacturing, applied for approval of the Alto Manufacturing Enterprise Agreement 2015. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated.

The legal issues before the Commission involved scrutinising the terms and conditions of the agreement, assessing whether they were fair and reasonable, and verifying the negotiation process. The Commission had to determine if the agreement complied with the statutory provisions and if it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement adequately addressed employee protections and entitlements as stipulated by the Act.

The Commission concluded that the agreement was fair and reasonable, as it provided for terms and conditions that were not less favourable than the applicable awards or the general law. The negotiation process was deemed to be conducted in good faith, without coercion, and with proper representation of the employees. The agreement included appropriate safeguards for employee entitlements and protections. Consequently, the Commission approved the Alto Manufacturing Enterprise Agreement 2015.

The final orders of the Commission included the approval of the Alto Manufacturing Enterprise Agreement 2015, effective from the date of the decision. The agreement was registered with the Fair Work Commission, and it would govern the employment terms and conditions between the employer and the employees for the duration specified within the agreement.

Alto Manufacturing Pty Ltd t/a Alto Manufacturing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established