Australian Laboratory Services Pty Ltd t/a ALS

[2021] FWCA 6655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Laboratory Services Pty Ltd t/a ALS
(AG2021/7844)

AUSTRALIAN LABORATORY SERVICES PTY. LTD. ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Australian Laboratory Services Pty. Ltd. Enterprise Agreement 2021

[1] Australian Laboratory Services Pty Ltd has applied for approval of a single enterprise agreement known as the Australian Laboratory Services Pty. Ltd. Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Since the application was made, the Commission inquired about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] Noting the Undertaking, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 12 November 2021 and, in accordance with s.54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Australian Laboratory Services Pty Ltd t/a ALS for the approval of their Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment proposed in the agreement, which were to be applied to a workforce of approximately 500 employees across various laboratories in Australia. The application was brought forward by the employer, seeking formal endorsement of the agreement to ensure its enforceability under the Fair Work Act 2009.

The primary legal issue for the Commission to resolve was whether the proposed agreement met the statutory requirements outlined in the Fair Work Act. This involved assessing whether the agreement contained the mandated minimum terms and conditions, whether it was free from prohibited content, and if it had been negotiated in good faith. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees, balancing the interests of both the employer and the workforce.

In deliberating the matter, the Fair Work Commission examined the negotiation process and the contents of the agreement. The Commission was satisfied that the agreement had been negotiated in good faith, with sufficient consultation between the parties. The agreement contained all the mandated minimum terms and conditions, and there were no prohibited provisions present. Furthermore, the Commission determined that the proposed terms were fair and reasonable, considering the nature of the work, the industry standards, and the economic context. Therefore, the Commission approved the Enterprise Agreement 2021, recognising its validity and enforceability under the Fair Work Act.

The Commission's decision concluded with an order approving the Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the workforce until such time as a new agreement was negotiated or until otherwise terminated in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established