DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd
(AG2018/5709)

ASALEO CARE AUSTRALIA PTY LTD SPRINGVALE SITE (PRODUCTION AND WAREHOUSE) AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Asaleo Care Australia Pty Ltd Springvale Site (Production and Warehouse) Agreement 2018.

[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 2018 (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. 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 23 September 2019.

DEPUTY PRESIDENT

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 the Asaleo Care Australia Pty Ltd Springvale Site (Production and Warehouse) Agreement 2018. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The Commission was required to determine whether the agreement should be approved in accordance with the criteria in section 235 of the Act. This included whether the agreement facilitated the efficient operation of the business, whether it was in the best interests of the employees, and whether it complied with the requirements of the Act.

The applicant submitted that the agreement facilitated the efficient operation of the business and was in the best interests of the employees. The applicant argued that the agreement provided for flexible working arrangements and reduced shift penalties, which would lead to improved productivity and reduced labour costs. The applicant also argued that the agreement would provide certainty and stability for employees, which was in their best interests. The Commission considered the arguments of both parties and concluded that the agreement facilitated the efficient operation of the business and was in the best interests of the employees. The Commission found that the agreement provided for flexible working arrangements and reduced shift penalties, which would lead to improved productivity and reduced labour costs. The Commission also found that the agreement provided certainty and stability for employees, which was in their best interests.

The Commission approved the agreement under section 234 of the Act. The Commission found that the agreement met the criteria in section 235 of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for flexible working arrangements and reduced shift penalties, which would lead to improved productivity and reduced labour costs. The Commission also noted that the agreement provided certainty and stability for employees, which was in their best interests. The Commission concluded that the agreement facilitated the efficient operation of the business and was in the best interests of the 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