DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axieo Operations (Australia) Pty Ltd T/A Axieo
(AG2017/6109)

AXIEO OPERATIONS (AUSTRALIA) PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2018

Application for approval of the Axieo Operations (Australia) Pty Ltd & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Axieo Operations (Australia) Pty Ltd & National Union of Workers Enterprise Agreement 2017 (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 Applicant 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 National Union of Workers 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 30 January 2018. The nominal expiry date of the Agreement is 29 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Axieo Operations (Australia) Pty Ltd, trading as Axieo, applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers. The primary dispute centred around the provisions of the proposed agreement, which sought to alter working conditions, remuneration, and dispute resolution mechanisms for employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement was made in good faith, if it contained the mandatory terms as prescribed by the Act, and if it complied with the procedural requirements for enterprise agreements. Additionally, the Commission examined whether the agreement would have an adverse effect on employees and whether any provisions were contrary to public policy. The central focus was on ensuring that the proposed changes were fair and reasonable in the context of industrial relations.

The Fair Work Commission concluded that the application met all necessary criteria for approval. The Commission found that the agreement was made in good faith and contained all the mandatory terms required by law. The Commission also determined that the agreement would not have an adverse effect on the employees and that no provisions were contrary to public policy. The procedural requirements were met, and the changes proposed were deemed fair and reasonable. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Axieo Operations (Australia) Pty Ltd & National Union of Workers Enterprise Agreement 2017 be approved under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of registration. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the employees covered by the agreement.

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