DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecowise Australia Pty Ltd t/a ALS Water Resources Group or ALS Water
(AG2015/5222)

ALS WATER RESOURCES GROUP ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the ALS Water Resources Group Enterprise 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 Ecowise Australia Pty Ltd t/a ALS Water Resources Group or ALS Water. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, in lieu of Clause 4.5.

[5] 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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 November 2015 and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date of the Agreement is 11 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ecowise Australia Pty Ltd, trading as ALS Water Resources Group or ALS Water, applied to the Fair Work Commission for approval of the ALS Water Resources Group Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union, the Australian Services Union, and a number of individual employees. The dispute before the Fair Work Commission involved the approval of a new enterprise agreement and the resolution of objections raised by the opposing parties. The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009 and whether the agreement was in the best interests of the employees.

The Commission examined the procedural fairness of the bargaining process and the extent to which the agreement was made without coercion, duress, or unfair labour practices. Additionally, the Commission assessed whether the agreement provided fair and reasonable terms and conditions of employment, and if it appropriately balanced the interests of both the employer and the employees. The Commission considered the evidence and submissions from all parties and evaluated the agreement's provisions, including wages, hours of work, and other employment conditions. The Fair Work Commission found that the bargaining process was conducted fairly and without undue influence or coercion. The Commission concluded that the agreement met the statutory requirements and provided fair and reasonable terms and conditions of employment. The agreement was considered to appropriately balance the interests of both the employer and the employees.

In making its decision, the Commission took into account the need for flexibility in the workplace, the economic context, and the specific circumstances of the industry. The Commission approved the ALS Water Resources Group Enterprise Agreement 2015, finding it to be in the best interests of the employees. The Commission's decision was based on the overall fairness of the agreement and its alignment with the principles of the Fair Work Act 2009. The Fair Work Commission approved the ALS Water Resources Group Enterprise Agreement 2015, resolving the dispute in favour of the applicant. The Commission's decision was based on a comprehensive assessment of the agreement's provisions and the evidence presented by all parties. The approved agreement now serves as the basis for the terms and conditions of employment for the relevant employees within the ALS Water Resources Group.

Ecowise Australia Pty Ltd t/a ALS Water Resources Group or 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