DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alway Services Pty Ltd
(AG2016/3889)

ALWAY SERVICES PTY LTD MANUFACTURING ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Alway Services Pty Ltd Manufacturing Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Alway Services Pty Ltd Manufacturing Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Always Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 26 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Alway Services Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute was about the approval of a manufacturing enterprise agreement between the employer and the union for the period 2016 to 2019. The application for approval was heard by the Fair Work Commission (FWC).

The central legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement contained the mandated minimum terms and conditions, and if it was made in good faith and without coercion. The FWC also considered whether the agreement was in the interests of fair and efficient industrial relations and whether it met the coverage requirements.

In reaching its decision, the FWC examined the content of the agreement, including its terms and conditions, and assessed whether it complied with the minimum standards prescribed by the Fair Work Act. The FWC found that the agreement contained the required minimum terms and conditions and was made in good faith. The FWC also determined that the agreement was fair and efficient, and met the coverage requirements. The FWC approved the agreement on the basis that it was in the interests of fair and efficient industrial relations.

The FWC approved the Alway Services Pty Ltd Manufacturing Enterprise Agreement 2016-2019, effective from 1 July 2016. The decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements for approval, and that they are made in good faith and without coercion. The approval of the agreement was seen as an important step in promoting fair and efficient industrial relations in the manufacturing sector.

Alway Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established