DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ecowise Australia Pty Ltd T/A ALS Water
(AG2018/1202)

ALS WATER RESOURCES GROUP ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JULY 2018

Application for variation of the ALS Water Resources Group Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the ALS Water Resources Group Enterprise Agreement 2015 (the Agreement). The application was made by Ecowise Australia Pty Ltd T/A ALS Water pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 4 November 2015. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 6 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Ecowise Australia Pty Ltd, trading as ALS Water, seeking to vary the ALS Water Resources Group Enterprise Agreement 2015. The application was made in the Fair Work Commission (FWC), the federal tribunal responsible for regulating employment relations in Australia. The primary dispute centred around the terms of the enterprise agreement, specifically regarding changes to the classification and remuneration of employees within the ALS Water Resources Group.

The legal issues that the FWC was required to decide included whether the proposed changes to the agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Additionally, the FWC needed to consider the impact of the proposed changes on the employees and whether there was sufficient consultation and negotiation between the parties. The FWC also had to examine the overall fairness of the proposed changes in the context of the existing employment relationship and industry standards.

In its decision, the FWC found that the proposed changes to the ALS Water Resources Group Enterprise Agreement 2015 were fair and reasonable. The FWC noted that the changes were necessary to reflect changes in the industry and the company's operational requirements. The FWC also found that there had been sufficient consultation and negotiation between the parties and that the proposed changes were in line with industry standards. The FWC concluded that the proposed changes were in the best interests of the employees and the company, and therefore granted the application for variation of the agreement.

The FWC ordered that the ALS Water Resources Group Enterprise Agreement 2015 be varied as proposed by Ecowise Australia Pty Ltd, trading as ALS Water. The changes to the agreement included revisions to the classification and remuneration of employees, as well as updates to other terms and conditions of employment. The FWC also noted that the changes would take effect from a specified date and that the parties were required to provide written notice of the changes to the affected employees. Overall, the FWC found that the proposed changes were fair and reasonable, and in the best interests of all parties involved.

Ecowise Australia Pty Ltd T/A ALS Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established