DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axieo Operations (Australia) Pty Ltd T/A Axieo
(AG2015/7729)

AXIEO OPERATIONS (AUSTRALIA) PTY LTD & UNITED VOICE GEELONG SITE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the Axieo Operations (Australia) Pty Ltd & United Voice Geelong Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Axieo Operations (Australia) Pty Ltd & United Voice Geelong Site Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Axieo Operations (Australia) Pty Ltd, trading as Axieo, applied for the approval of the Axieo Operations (Australia) Pty Ltd & United Voice Geelong Site Enterprise Agreement 2015. United Voice opposed the application on the basis that the agreement failed to adequately address issues such as shift rotations, break times, and rostering practices. The matter was heard in the Fair Work Commission, presided over by Commissioner D. A. Smith.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the public interest as outlined in section 234 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the provisions on shift rotations, break times, and rostering were unfair and if they were contrary to the public interest, thereby warranting refusal of approval. The Commission also needed to consider the extent to which the agreement aligned with the principles of the Fair Work Act and the broader objectives of the industrial relations system.

Commissioner D. A. Smith found that while some provisions of the agreement could be considered harsh, they were not contrary to the public interest. The Commission concluded that the provisions were necessary to ensure the smooth operation of Axieo's business, particularly in managing shift work and rostering practices. The Commission accepted that the agreement provided a reasonable framework for addressing the operational needs of Axieo while also providing adequate protections for employees. Consequently, the Commission approved the enterprise agreement, noting that the benefits of the agreement outweighed any perceived harshness in certain provisions.

The Fair Work Commission approved the Axieo Operations (Australia) Pty Ltd & United Voice Geelong Site Enterprise Agreement 2015, finding that it did not contain provisions that were contrary to the public interest. The Commission's decision recognised the need for flexibility in managing shift work and rostering practices while also ensuring that employees were adequately protected under 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