DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aristocrat Technologies Australia Pty Ltd
(AG2015/1316)

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD CALL CENTRE ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 10 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd Call Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aristocrat Technologies Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2015. The nominal expiry date is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aristocrat Technologies Australia Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Aristocrat Technologies Australia Pty Ltd Call Centre Enterprise Agreement 2015. The applicant, the Australian Manufacturing Workers’ Union, objected to the agreement. The dispute arose from the negotiation and proposed terms of a new enterprise agreement for call centre employees of the respondent. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission considered whether the agreement had been made in accordance with the procedural requirements of the Act. It also examined whether the agreement contained the mandated minimum terms and conditions, and if it met the "better off overall test" to ensure that no party was worse off than they would be under the applicable award or existing agreement. The Commission noted the absence of certain standard terms such as those relating to penalty rates, which was a matter of contention between the parties.

After considering the submissions from both parties and reviewing the evidence, the Fair Work Commission determined that the agreement substantially complied with the requirements of the Act. It found that the agreement met the better off overall test and that the procedural requirements were met. The Commission approved the agreement, emphasising the importance of the negotiated terms in the context of the specific industry and the parties involved. The decision was made in light of the evidence presented and the statutory obligations under the Fair Work Act 2009.

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