Altrad Services Pty Ltd Summary

[2023] FWCA 134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Altrad Services Pty Ltd

(AG2022/5279)

ALTRAD SERVICES PTY LTD INPEX FACILITIES AND OPERATIONS ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JANUARY 2023

Application for approval of the Altrad Services Pty Ltd INPEX Facilities and Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Altrad Services Pty Ltd INPEX Facilities and Operations Enterprise Agreement 2022 (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. The Agreement is a single enterprise agreement.

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

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2023. The nominal expiry date of the Agreement is 16 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were Altrad Services Pty Ltd and the Electrical Trades Union of Australia (ETUA). The dispute arose from an application for approval of the Altrad Services Pty Ltd INPEX Facilities and Operations Enterprise Agreement 2022. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the ETUA argued that the agreement failed to adequately protect employees' rights and conditions. The Commission had to determine if the agreement was sufficiently fair and reasonable in all its terms.

In examining the application, the Commission considered the fairness test outlined in section 233 of the Act, which requires the agreement to provide for fair and reasonable terms and conditions. The Commission reviewed the proposed agreement, focusing on its provisions regarding wages, hours of work, and other employment conditions. After careful deliberation, the Commission concluded that the agreement was fair and reasonable overall, despite some concerns raised by the ETUA. The Commission approved the application, finding that the benefits of the agreement outweighed any minor deficiencies.

The Fair Work Commission approved the Altrad Services Pty Ltd INPEX Facilities and Operations Enterprise Agreement 2022, subject to certain conditions. The decision highlighted the importance of achieving a balance between the interests of employers and employees in enterprise bargaining.

Altrad Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established