DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Laboratory Services Pty Ltd T/A ALS
(AG2017/6698)

AUSTRALIAN LABORATORY SERVICES PTY. LTD. ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2018

Application for approval of the Australian Laboratory Services Pty. Ltd. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Laboratory Services Pty. Ltd. Enterprise 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 Australian Laboratory Services Pty Ltd T/A ALS. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Laboratory Services Pty Ltd T/A ALS. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) & Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2018. The nominal expiry date of the Agreement is 30 September 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Australian Laboratory Services Pty. Ltd. Enterprise Agreement 2018. The applicant, Australian Laboratory Services Pty Ltd trading as ALS, sought to have the agreement, which had been negotiated between the company and its employees, formally approved. This would then enable the agreement to be enforceable and recognised under Australian industrial relations law.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been genuinely negotiated, if it contained the necessary provisions for minimum entitlements, and if it complied with the procedural requirements for making and approving enterprise agreements. Additionally, the Commission had to assess whether the agreement provided appropriate protections for employees and maintained a balance between the interests of employers and employees.

In its decision, the Fair Work Commission found that the enterprise agreement satisfied all the statutory requirements for approval. The Commission noted that the agreement had been genuinely negotiated between the parties, as evidenced by the extensive documentation and negotiations provided. The agreement also included all the mandated minimum entitlements and adhered to the procedural requirements set forth in the Fair Work Act. Furthermore, the Commission was satisfied that the agreement provided adequate protections for employees and struck an appropriate balance between the interests of both parties. Consequently, the Commission approved the Australian Laboratory Services Pty. Ltd. Enterprise Agreement 2018.

The final order of the Commission was that the enterprise agreement be approved and registered under the Fair Work Act 2009, thereby rendering it legally enforceable. This decision ensured that the terms and conditions set out in the agreement would govern the employment relationship between Australian Laboratory Services Pty Ltd and its employees.

Australian Laboratory Services Pty Ltd T/A ALS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established