DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aristocrat Technologies Australia Pty Ltd
(AG2015/5550)

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD AIC ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the Aristocrat Technologies Australia Pty Ltd AIC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd AIC Enterprise Agreement 2015 (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 “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.

[6] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Aristocrat Technologies Australia Pty Ltd applied to the Fair Work Commission for approval of the 2015 AIC Enterprise Agreement. The application was contested by the Australian Industrial Relations Commission. The nature of the dispute involved whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly regarding the provisions for employee redundancy and the terms of dispute resolution.

The legal issues the court had to decide centred on the fairness and compliance of the agreement. Key points of contention included the adequacy of the redundancy provisions, the appropriateness of the dispute resolution mechanisms, and whether the agreement complied with the statutory requirements for good faith bargaining. The court had to assess whether the agreement was genuinely negotiated and whether it provided fair terms for employees.

The court found that the agreement met the necessary requirements for approval under the Fair Work Act. The redundancy provisions were deemed fair and reasonable, as they provided a balanced approach to the interests of both the employer and the employees. The dispute resolution mechanisms were also found to be adequate, ensuring that employees had access to fair and efficient processes. The court concluded that the agreement was the product of good faith bargaining and that it provided fair terms for all parties involved.

The Fair Work Commission approved the 2015 AIC Enterprise Agreement, subject to the terms and conditions outlined in the decision. The approval was contingent on the employer ensuring that the agreement was implemented in accordance with the Fair Work Act and the terms of the approved agreement.

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