DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd
(AG2015/823)

ASALEO CARE AUSTRALIA PTY LTD - TRANSPORT WORKERS (SOMERTON DISTRIBUTION FACILITY) AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 12 MAY 2015

Application for approval of the Asaleo Care Australia Pty Ltd- Transport Workers (Somerton Distribution Facility) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Care Australia Pty Ltd- Transport Workers (Somerton Distribution Facility) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asaleo Care Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] Following the filing of the application, the Transport Workers’ Union of Australia (TWU) disputed some answers given in the Employers’ F17 (Employer’s statutory declaration). Those matters were raised with the Company and subsequently a new form F17 was filed which addressed the matters raised by the TWU.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2015. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asaleo Care Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Asaleo Care Australia Pty Ltd- Transport Workers (Somerton Distribution Facility) Agreement 2015. The applicant argued that the proposed agreement was an appropriate tool for facilitating the efficient operation of their business, while providing appropriate protections for the employees. The Transport Workers Union opposed the application, arguing that the agreement did not provide adequate protections for employees, particularly in relation to shift patterns and overtime provisions.

The central legal issue before the Commission was whether the proposed agreement provided appropriate protections for employees in line with the principles of the Fair Work Act 2009. The Commission considered the fairness of the agreement in light of the principles of the Act, including the principle of good faith bargaining, the principle of proportionality, and the principle of meeting the needs of employees. The Commission also considered the extent to which the agreement provided appropriate protections for employees in relation to shift patterns, overtime, and other employment conditions.

The Fair Work Commission found that the proposed agreement did not provide adequate protections for employees in relation to shift patterns and overtime provisions. The Commission noted that the agreement did not provide for adequate notice of shift changes or for shift patterns to be agreed upon in advance, which could result in significant disruptions to employees' personal lives. The Commission also found that the agreement did not provide adequate protections for overtime, with employees potentially being required to work excessive hours without adequate compensation. The Commission concluded that the agreement did not meet the requirements of the Fair Work Act and was not in the best interests of the employees. The application for approval of the proposed agreement was dismissed.

The Fair Work Commission did not make any orders in relation to the application. The Commission's decision was based on its finding that the proposed agreement did not meet the requirements of the Fair Work Act and was not in the best interests of the employees. The applicant was free to negotiate a new agreement with the Transport Workers Union that provided appropriate protections for employees.

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