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

[2022] FWCA 1541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1334)

Agilent Technologies Australia (M) Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 13 MAY 2022

Application for approval of the Agilent Technologies Australia (M) Pty Ltd Enterprise Agreement 2022

Agilent Technologies Australia (M) Pty Ltd has applied for approval of an enterprise agreement known as the Agilent Technologies Australia (M) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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 “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.

I observe that clause 23 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2022. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Agilent Technologies Australia (M) Pty Ltd to have its proposed Enterprise Agreement 2022 approved. The dispute arose between Agilent Technologies, the employer, and its employees represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which had negotiated the agreement on behalf of the workforce. The Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained the necessary "no disadvantage" and "better off overall" tests. The Commission had to consider if the proposed terms and conditions of employment in the agreement were at least as favourable as the relevant awards or existing agreements, and whether the agreement would result in no employee being worse off overall than they would be under the applicable awards or agreements. Furthermore, the Commission had to assess whether the agreement complied with any additional statutory requirements and whether there were any procedural irregularities in the bargaining process.

In rendering its decision, the Commission examined the provisions of the proposed agreement and compared them to the relevant awards and existing agreements. The Commission found that the agreement met the "no disadvantage" test as it provided terms and conditions that were not less favourable than those under the applicable awards. The Commission also determined that the agreement satisfied the "better off overall" test, concluding that employees would not be worse off overall under the new agreement. The Commission found no procedural irregularities in the bargaining process and determined that all statutory requirements had been met. Based on these findings, the Commission approved the proposed Enterprise Agreement 2022.

The Fair Work Commission approved the Agilent Technologies Australia (M) Pty Ltd Enterprise Agreement 2022, effective from the date of the decision. The agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement, replacing any previously applicable awards or agreements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established