DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aristocrat Technologies Australia Pty Ltd
(AG2016/6570)

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD SERVICE TECHNICIANS ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2016 (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 Applicant 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Aristocrat Technologies Australia Pty Ltd, a company in the gaming and entertainment industry, and the relevant union representing service technicians employed by the company. The union sought approval of the Service Technicians Enterprise Agreement 2016. The core issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning minimum entitlements and procedural fairness. The union argued that the agreement was fair and reasonable, while the company contested certain clauses, contending they did not comply with statutory minimum standards.

The Commission was required to determine if the agreement provided for minimum rates of pay, leave entitlements, penalty rates, and other conditions as stipulated by the Act. Additionally, the court had to consider whether the agreement was genuinely negotiated and if there was procedural fairness in its formation. The central question was whether the agreement met the "better off overall test," ensuring employees were not worse off financially under the new agreement compared to their previous conditions.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement contained provisions for minimum rates of pay and leave entitlements that aligned with the statutory requirements. The Commission noted that the agreement included provisions that were better than the applicable awards, satisfying the better off overall test. The procedural fairness was upheld as the union had followed appropriate processes in negotiating the agreement. Consequently, the Commission approved the Service Technicians Enterprise Agreement 2016.

The Fair Work Commission approved the Service Technicians Enterprise Agreement 2016, effective from the date of the decision. The agreement was deemed to comply with the requirements of the Fair Work Act 2009, providing for minimum entitlements and meeting the better off overall test. The decision confirmed the validity of the agreement, ensuring that it would govern the employment conditions of the relevant service technicians.

Aristocrat Technologies Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established