Aristocrat Technologies Australia Pty Ltd

Case [2020] FWCA 281


[2020] FWCA 281
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Aristocrat Technologies Australia Pty Ltd
(AG2019/4150)

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD SERVICE TECHNICIANS ENTERPRISE AGREEMENT 2019

Electrical contracting industry

COMMISSIONER WILSON

MELBOURNE, 22 JANUARY 2020

Application for approval of the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2019 (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.

[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. The undertakings are taken to be a term of 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 29 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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Annexure A

Details
AGLC
Aristocrat Technologies Australia Pty Ltd [2020] FWCA 281
Case
[2020] FWCA 281
Decision Date

CaseChat Overview and Summary

Aristocrat Technologies Australia Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement with its employees. The applicants, Aristocrat Technologies Australia Pty Ltd, sought approval of the proposed agreement which would affect its service technicians. The legal issues before the Commission were whether the proposed agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. The Commission considered whether the agreement was appropriately negotiated, contained the required minimum terms and conditions, and complied with relevant laws and principles of natural justice. The Commission concluded that the agreement was appropriately negotiated and contained the required minimum terms and conditions. It found that the agreement was consistent with relevant laws and principles of natural justice. The Commission approved the proposed agreement.

The Fair Work Commission approved the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2019. The Commission found that the agreement was appropriately negotiated, contained the required minimum terms and conditions, and was consistent with relevant laws and principles of natural justice. The approval of the agreement ensures that the employees of Aristocrat Technologies Australia Pty Ltd are covered by a fair and reasonable enterprise agreement.

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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