DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd T/A Asaleo Care
(AG2016/2803)

ASALEO CARE AUSTRALIA PTY LTD (MAINTENANCE EMPLOYEES) PERSONAL CARE, SPRINGVALE SITE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2016

Application for approval of the Asaleo Care Australia Pty Ltd (Maintenance Employees) Personal Care, Springvale Site Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Care Australia Pty Ltd (Maintenance Employees) Personal Care, Springvale Site Agreement 2015 (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/a Asaleo Care. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australia Manufacturing 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 23 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Asaleo Care Australia Pty Ltd, trading as Asaleo Care, applied to the Fair Work Commission for the approval of the Asaleo Care Australia Pty Ltd (Maintenance Employees) Personal Care, Springvale Site Agreement 2015. The applicant argued that the agreement was necessary to establish fair and reasonable terms and conditions for the maintenance employees at its Springvale site. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act, and whether it was genuinely agreed upon by the parties. The applicant contended that the agreement was necessary to ensure the site could operate efficiently and to provide appropriate terms and conditions for the employees. The opposition, primarily from the United Voice union, argued that the agreement did not provide for fair and reasonable terms and conditions and did not adequately protect the employees' rights.

In assessing the application, the court examined the terms of the proposed agreement, the bargaining process, and the interests of the employees. The court found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work and the need for operational flexibility. The court also found that the agreement had been genuinely agreed upon by the parties and was in compliance with the relevant provisions of the Fair Work Act. Accordingly, the court approved the proposed agreement.

The court ordered the approval of the Asaleo Care Australia Pty Ltd (Maintenance Employees) Personal Care, Springvale Site Agreement 2015, effective from the date of the decision. The decision recognised the need for the agreement to balance the operational requirements of the applicant with the rights and interests of the employees. The court's approval facilitated the implementation of the agreement, providing a framework for the fair and reasonable terms and conditions of employment for the maintenance employees at the Springvale site.

Asaleo Care Australia Pty Ltd T/A Asaleo Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established