DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd T/A Asaleo Care
(AG2016/3589)

ASALEO CARE AUSTRALIA PTY LTD SPRINGVALE SITE (PRODUCTION AND WAREHOUSE) AGREEMENT 2015

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2016

Application for approval of the Asaleo Care Australia Pty Ltd Springvale Site (Production and Warehouse) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Care Australia Pty Ltd Springvale Site (Production and Warehouse) 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] 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 17 August 2016. The nominal expiry date of the Agreement is 23 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Asaleo Care Australia Pty Ltd trading as Asaleo Care, applied to the Fair Work Commission for approval of an enterprise agreement. The respondents, various unions and employees, opposed the application on several grounds. The matter was heard by the Fair Work Commission, which had to determine whether the agreement complied with the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement met the formal requirements for approval and whether it contained any provisions that were contrary to public policy or otherwise unenforceable.

The Commission began by considering the formal requirements of the agreement, such as whether it had been properly negotiated and whether it contained the necessary provisions. The Commission found that the agreement was the product of genuine bargaining and met the formal requirements for approval. The Commission then examined the substantive provisions of the agreement, including those related to wages, hours of work, and other employment conditions. The Commission held that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. In particular, the Commission found that the agreement did not undermine the protections afforded by the National Employment Standards.

In reaching its decision, the Commission placed significant weight on the fact that the agreement had been negotiated in good faith and was supported by a majority of the employees. The Commission also noted that the agreement provided for a number of protections and benefits for employees, such as provisions for paid parental leave and flexible working arrangements. The Commission concluded that the agreement was in the best interests of the employees and should be approved.

The Commission approved the enterprise agreement, subject to certain modifications to address minor technical issues. The modifications related to the formatting of the agreement and the inclusion of certain definitions. The Commission held that these modifications were necessary to ensure that the agreement complied with the requirements of the Fair Work Act. The modifications did not affect the substantive terms and conditions of the agreement. The Commission's decision was final and binding on the parties.

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