DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axieo Operations (Australia) Pty Ltd T/A Axieo
(AG2015/4266)

AXIEO OPERATIONS (AUSTRALIA) PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2015

Application for approval of the Axieo Operations (Australia) Pty Ltd & National Union of Workers Enterprise Agreement 2015.

[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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 17 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Axieo Operations (Australia) Pty Ltd T/A Axieo, the matter before the Fair Work Commission involved an application for the approval of an enterprise agreement. The agreement in question was between Axieo Operations (Australia) Pty Ltd and the National Union of Workers. The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions concerning minimum terms and conditions of employment.

The legal issues the court needed to address included whether the agreement met the criteria for being a lawful and valid enterprise agreement, including whether it adhered to the Fair Work Act's procedural requirements and whether it included all mandatory minimum terms and conditions. Furthermore, the court had to consider if the agreement was made in good faith and if it was procedurally fair.

The Fair Work Commission, in its decision, examined the procedural fairness of the agreement-making process and whether the requisite good faith negotiations had occurred. The Commission also assessed the content of the proposed agreement to ensure it complied with the mandatory minimum terms and conditions stipulated in the Fair Work Act. After thorough consideration, the Commission determined that the agreement met all legal requirements and was procedurally fair. Consequently, the Commission approved the enterprise agreement. The court found that the agreement was valid and lawful, and thus granted the application for approval.

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