DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agilent Technologies Australia (M) Pty Ltd T/A Agilent Technologies Australia (M)
(AG2018/3128)

AGILENT TECHNOLOGIES AUSTRALIA (M) PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the Agilent Technologies Australia (M) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Agilent Technologies Australia (M) 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 Agilent Technologies Australia (M) Pty Ltd T/A Agilent Technologies Australia (M). The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Agilent Technologies Australia (M) Pty Ltd, trading as Agilent Technologies Australia (M), applied for the approval of the Enterprise Agreement 2018. The application was heard in the Fair Work Commission, the court responsible for approving and registering enterprise agreements under the Fair Work Act 2009. The agreement was contested by the Australian Manufacturing Workers' Union, which represented some of the employees.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for the proper classification of employees, their rates of pay, and other conditions of employment, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement was in the best interests of the employees, particularly those who were not represented by the union.

In reaching its decision, the Commission examined the bargaining process, the content of the agreement, and the evidence provided by both parties. The Commission found that the agreement had been made in good faith and without coercion and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees, taking into account the views of both the union and non-union employees. The Commission approved the agreement, subject to certain minor modifications to address technical errors.

The court ordered that the Enterprise Agreement 2018 be registered and approved, with the modifications made by the court. The agreement was to be in effect from the date of the court's decision and would apply to the employees covered by the agreement. The decision provides clarity for both the employer and employees regarding the terms and conditions of employment and ensures that the agreement meets the requirements of the Fair Work Act.

Agilent Technologies Australia (M) Pty Ltd T/A Agilent Technologies Australia (M)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established