Aristocrat Technologies Australia Pty Ltd

[2014] FWCA 2454

FAIR WORK COMMISSION

DECISION

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

Aristocrat Technologies Australia Pty Ltd
(AG2014/576)

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD SERVICE TECHNICIANS ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 APRIL 2014

Application for approval of the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 18 April 2014. The nominal expiry date of the Agreement is31 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aristocrat Technologies Australia Pty Ltd recently had its application for approval of the 2013 Service Technicians Enterprise Agreement heard by the Fair Work Commission. The company sought approval of the agreement, which had been negotiated with the Communications, Electrical and Plumbing Union of Australia. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement met the "better off overall test" as stipulated by the Act. This test requires that employees be no worse off financially and have at least one improved term or condition of employment. Another issue was whether the agreement complied with the "good faith" bargaining requirement, ensuring that the bargaining process was conducted in an honest and genuine manner. Additionally, the Commission examined whether the agreement contained all the mandatory terms as required by the Act.

The Fair Work Commission approved the application, finding that the agreement satisfied the better off overall test and was the product of good faith bargaining. The Commission noted that the agreement provided employees with improved conditions, including increased wages and better leave provisions. It was also satisfied that all mandatory terms were included in the agreement. The Commission concluded that the proposed agreement was fair and appropriate for the employees and met the legislative requirements.

The Commission issued an approval certificate for the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2013, making it a legally binding document between the company and the union. This decision ensures that the employees will benefit from the improved terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established