DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Protector Alsafe Pty Ltd T/A Protector Alsafe
(AG2015/3610)

PROTECTOR ALSAFE, ALTONA WAREHOUSE AGREEMENT 2015 - 2018

Storage services
COMMISSIONER ROE	MELBOURNE, 9 JULY 2015

Application for approval of the Protector Alsafe, Altona Warehouse Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Protector Alsafe, Altona Warehouse Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Protector Alsafe Pty Ltd T/A Protector Alsafe (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 23 June 2015. On 3 July 2015 I received a signed undertaking in response to the queries from Mark Moss, HR Advisor – Southern Region. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

Protector Alsafe Pty Ltd, trading as Protector Alsafe, applied to the Fair Work Commission for approval of the Protector Alsafe, Altona Warehouse Agreement 2015-2018. The applicant is an employer, and the respondents are employees represented by the Australian Manufacturing Workers Union. The dispute arose from negotiations regarding the terms and conditions of employment for employees working in the applicant's Altona warehouse. The primary issues before the Commission were whether the proposed agreement was in the best interests of the employees and if it complied with relevant legislative requirements.

The legal issues centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement covered all required terms and conditions, provided for a fair and reasonable rate of pay, and if it was made in good faith. The Commission also considered whether the agreement provided adequate protections for employees and if it complied with relevant minimum standards. The application of the 'better off overall test' was also pivotal, ensuring that employees would not be worse off under the new agreement.

The Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement provided a fair and reasonable rate of pay and included all required terms and conditions. The Commission was satisfied that the agreement was made in good faith and provided adequate protections for employees. It was also found to comply with relevant minimum standards. Importantly, the better off overall test was met, with employees being at least as well off, if not better, under the new agreement. Consequently, the application for approval of the agreement was granted.

The Commission approved the Protector Alsafe, Altona Warehouse Agreement 2015-2018, effective from the date of the decision. The approved agreement will govern the terms and conditions of employment for employees working in the Altona warehouse for the specified period. This decision ensures that the employees will benefit from a fair and reasonable agreement that meets all legal requirements.

Protector Alsafe Pty Ltd T/A Protector Alsafe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established