Altrad Services Pty Ltd T/A Altrad

[2024] FWCA 131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Altrad Services Pty Ltd T/A Altrad

(AG2023/5262)

ALTRAD SERVICES PTY LTD ESSO ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 11 JANUARY 2024

Application for approval of the Altrad Services Pty Ltd Esso Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Altrad Services Pty Ltd Esso Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Altrad Services Pty Ltd T/A Altrad. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

The Applicant incorrectly completed and filed a Form F17B. The correct form for agreement applications with a notification date prior to 6 June 2023, and an agreement which

is made on or after 6 June 2023, is a Form F17A. Pursuant to s.586 of the Act, I am satisfied that the irregularity in the form should be waived and that it is appropriate to do so.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers' Union (AWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The AWU and AMWU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 11 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved an application by Altrad Services Pty Ltd, trading as Altrad, to the Fair Work Commission for approval of the Altrad Services Pty Ltd Esso Enterprise Agreement 2023. The dispute arose from the negotiation of a new enterprise agreement between Altrad and its employees, who were represented by the United Voice union. The application was heard by Commissioner D’Amore.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved assessing whether the agreement contained all the mandated minimum terms and conditions, including provisions on wages, hours of work, and other employment standards. Additionally, the court needed to determine if the agreement had been fairly negotiated and if it met the criteria for being a low-paid industry agreement.

Commissioner D’Amore found that the proposed agreement was in compliance with the statutory requirements. The agreement included all the necessary minimum terms and conditions, and there was evidence that it had been fairly negotiated between the parties. The court also accepted that the agreement was suitable for being a low-paid industry agreement. Consequently, the Commissioner approved the Altrad Services Pty Ltd Esso Enterprise Agreement 2023, confirming its validity and enforceability.

The court’s final order was the approval of the Altrad Services Pty Ltd Esso Enterprise Agreement 2023, effective from the date of the decision. This decision ensures that the terms of the agreement can be implemented, providing a framework for the employment relationship between Altrad and its employees.

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