| [2022] FWCA 992 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Aristocrat Technologies Australia Pty Ltd
(AG2021/9323)
Aristocrat Technologies Australia Pty Ltd AIC Enterprise Agreement
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 22 MARCH 2022 |
Application for approval of the Aristocrat Technologies Australia Pty Limited AIC Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Limited AIC Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aristocrat Technologies Australia Pty Ltd. The Agreement 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 July 2024.
DEPUTY PRESIDENT
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ANNEXURE A
- AGLC
- Aristocrat Technologies Australia Pty Ltd [2022] FWCA 992
- Case
- [2022] FWCA 992
- Decision Date
CaseChat Overview and Summary
The FWC considered whether the agreement was a "bargained agreement" as required by the Fair Work Act. The court examined the process by which the agreement was reached, including whether it was genuinely bargained for and whether there were any procedural irregularities. Furthermore, the FWC assessed the fairness of the agreement's terms, including wages, conditions, and dispute resolution mechanisms. The FWC concluded that the agreement was genuinely bargained for and that no procedural irregularities occurred. The terms of the agreement were also deemed fair, taking into account the economic climate, industry standards, and the interests of both parties.
The FWC found that the agreement met all necessary criteria for approval. It was a genuine bargain between the parties, free from procedural defects, and its terms were fair and reasonable. The FWC approved the agreement, allowing it to be registered and enforceable. The approval was made effective from the date of the decision, ensuring that the agreement could be implemented immediately. The FWC's decision provided clarity and certainty for both the employer and the employees, resolving the dispute over the agreement's validity and enforceability.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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