DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axieo Operations (Australia) Pty Ltd T/A Axieo
(AG2018/6517)

AXIEO OPERATIONS (AUSTRALIA) PTY LTD AND UNITED VOICE (UV) LARA SITE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2019

Application for approval of the Axieo Operations (Australia) Pty Ltd and United Voice (UV) Lara Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Axieo Operations (Australia) Pty Ltd and United Voice (UV) Lara Site Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axieo Operations (Australia) Pty Ltd T/A Axieo. 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 United Voice 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 39.5 – Public Holidays;

• Clause 48 – Annual leave; and

• Clause 52 – Abandonment of Employment.

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Axieo Operations (Australia) Pty Ltd T/A Axieo applied to the Fair Work Commission for approval of the Axieo Operations (Australia) Pty Ltd and United Voice (UV) Lara Site Enterprise Agreement 2018. United Voice objected to the application on the basis that the agreement was not fairly negotiated. The Fair Work Commission was required to determine whether the agreement had been fairly negotiated and, if not, whether to approve the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission considered that the employer had failed to disclose the information required by section 230(1)(c) of the Act in a timely manner. The employer had also failed to provide the union with the opportunity to negotiate the disclosure of this information. The Fair Work Commission found that the employer had not fairly negotiated the agreement. However, the Fair Work Commission determined that it was appropriate to approve the agreement because it contained appropriate safeguards to protect the interests of the employees and was in the best interests of the employees. The Fair Work Commission approved the agreement.

The Fair Work Commission approved the agreement with some modifications to improve the terms of the agreement for the employees.

Axieo Operations (Australia) Pty Ltd T/A Axieo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established