Aristocrat Technologies Australia Pty Ltd T/A Aristocrat Technologies Australia Pty Ltd

[2022] FWCA 4487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aristocrat Technologies Australia Pty Ltd T/A Aristocrat Technologies Australia Pty Ltd

(AG2022/5067)

Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2022

Technical services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2022

Aristocrat Technologies Australia Pty Ltd has applied for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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 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.

I observe that clause 32.1(c) is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Aristocrat Technologies Australia Pty Ltd, a company engaged in the design and manufacture of gaming machines and related technologies, and their employees, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU). The dispute centred on the approval of the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, if it was fairly negotiated, and if it met the relevant provisions of the Fair Work Act, including the requirement that it provided for the proper regulation of terms and conditions of employment. A significant point of contention was the process of negotiation and whether all procedural requirements had been properly observed. The Commission also needed to consider if the agreement contained provisions that were contrary to public policy or were otherwise unfair.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated. It noted that the union had adequately represented the employees and that the negotiation process had been transparent and compliant with the requirements of the Fair Work Act. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or otherwise unfair. Therefore, the agreement was approved as meeting the criteria for registration under the Fair Work Act.

The Commission's decision was that the Aristocrat Technologies Australia Pty Ltd Service Technicians Enterprise Agreement 2022 be approved and registered. The agreement would now be binding on all parties, ensuring that the terms and conditions of employment were properly regulated and provided for the agreed-upon terms. This decision would have significant implications for the working conditions and rights of the employees represented by the CEPU within Aristocrat Technologies Australia Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established