DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aristocrat Technologies Australia Pty Ltd T/A Aristocrat Technologies Australia Pty Ltd
(AG2019/1517)

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD AIC ENTERPRISE AGREEMENT 2019

Graphic Arts
COMMISSIONER JOHNS	MELBOURNE, 1 AUGUST 2019

Application for approval of the Aristocrat Technologies Australia Pty Ltd AIC Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aristocrat Technologies Australia Pty Ltd AIC Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Aristocrat Technologies Australia Pty Ltd T/A Aristocrat Technologies Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Aristocrat Technologies Australia Pty Ltd, trading as Aristocrat Technologies Australia Pty Ltd, applied to the Fair Work Commission for the approval of its Enterprise Agreement 2019. The dispute involved the standard terms and conditions of employment for the company’s employees, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as set out in the Fair Work Act. These criteria included ensuring the agreement was in writing, was made by an employer and a representative of employees, and that it provided for a process for the resolution of employee disputes. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion.

The Commission examined the terms of the agreement and the process by which it was negotiated and agreed upon. It found that the agreement contained all necessary provisions and was made in accordance with the requirements of the Fair Work Act. The Commission determined that the agreement was fair and reasonable, and that it had been made in good faith without any element of coercion. Therefore, the Commission approved the Enterprise Agreement 2019.

The Fair Work Commission approved the Aristocrat Technologies Australia Pty Ltd Enterprise Agreement 2019, affirming that it met all statutory requirements and was fair and reasonable. The Commission's decision ensured that the agreement would provide a stable and predictable employment framework for the company’s employees, while also complying with the legislative standards for approved enterprise agreements.

Aristocrat Technologies Australia Pty Ltd T/A 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