DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Azelis Australia Pty Limited
(AG2020/3929)

AZELIS AUSTRALIA (ST MARY’S SITE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JANUARY 2021

Application for approval of the Azelis Australia (St Mary’s Site) Enterprise Agreement 2020.

[1] Azelis Australia Pty Limited has made an application for approval of an enterprise agreement known as the Azelis Australia (St Mary’s Site) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Agreement was approved on 7 January 2021 and, in accordance with s 54, will operate from 14 January 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Azelis Australia Pty Limited recently appeared before the Fair Work Commission to seek approval of their proposed enterprise agreement, the Azelis Australia (St Mary’s Site) Enterprise Agreement 2020. The application was made by the company, and the Australian Manufacturing Workers' Union was the respondent. The agreement sought to regulate the terms and conditions of employment for certain employees at the St Mary’s site, including matters such as wages, hours of work, leave provisions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included determining if the agreement provided for the "better off overall test" which mandates that employees should not be worse off financially if they were to be covered by the agreement. The Commission also needed to consider if the agreement had been genuinely negotiated between the parties and if it adhered to the principles of good faith bargaining.

The Commission found that the proposed agreement did indeed meet the statutory requirements. It was determined that the agreement was fairly negotiated and provided for the better off overall test for employees. The Commission also noted the efforts made by both parties to reach an agreement in good faith. Consequently, the application for approval was successful, and the Fair Work Commission certified the Azelis Australia (St Mary’s Site) Enterprise Agreement 2020. This decision ensures that the terms of the agreement will govern the employment conditions for the specified employees at the St Mary’s site.

Azelis Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established