DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd
(AG2016/5318)

ASALEO CARE AUSTRALIA PTY LTD 2016 BOX HILL SITE AGREEMENT

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Asaleo Care Australia Pty Ltd 2016 Box Hill Site Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Care Australia Pty Ltd 2016 Box Hill Site Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asaleo Care Australia Pty Ltd T/As Asaleo Care. 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.

[4] The Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asaleo Care Australia Pty Ltd applied to the Federal Circuit Court for approval of the Asaleo Care Australia Pty Ltd 2016 Box Hill Site Agreement, which relates to the terms of employment for employees of Asaleo Care Australia Pty Ltd. The application was opposed by the Health Services Union of Australia. The central legal issues that the court needed to address were whether the agreement met the requirements of section 234 of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. Specifically, the court examined the process by which the agreement was negotiated, the extent to which employees had the opportunity to participate in the negotiation process, and the fairness of the terms and conditions contained within the agreement.

The court found that the agreement was negotiated in good faith and that the employees had an adequate opportunity to participate in the negotiation process. It was also determined that the terms and conditions of the agreement were fair and reasonable. The court relied on evidence that showed the agreement was reflective of the input from both parties and that the process was transparent and inclusive. Additionally, the court noted that the agreement provided for certain protections and benefits for the employees, which were considered to be in their best interests. Therefore, the court concluded that the agreement met all the statutory requirements and was approved the application for its adoption.

The court's decision was based on a detailed analysis of the negotiation process, the content of the agreement, and the interests of the employees. It was found that the agreement was fair and reasonable, and that the process through which it was negotiated was compliant with the statutory requirements. The court's approval of the agreement ensures that the terms and conditions set out within it will apply to the employees of Asaleo Care Australia Pty Ltd. The decision underscores the importance of good faith negotiation and the inclusion of employee participation in the development of enterprise agreements.

Asaleo Care Australia 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