Eurofins ARL Pty Ltd Summary

[2022] FWCA 3533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eurofins ARL Pty Ltd

(AG2022/4076)

Eurofins ARL Pty Ltd Agreement 2022-2024

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 13 OCTOBER 2022

Application for approval of the Eurofins ARL Pty Ltd Agreement 2022-2024

Eurofins ARL Pty Ltd has applied for approval of an enterprise agreement known as the Eurofins ARL Pty Ltd Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eurofins ARL Pty Ltd, an agricultural research laboratory, applied for the approval of the Eurofins ARL Pty Ltd Agreement 2022-2024 under the Fair Work Act 2009. The application was made to the Federal Circuit and Family Court of Australia by the Australian Taxation Office, as the registered bargaining representative for the employees. The dispute centred on the terms and conditions of employment for employees within the laboratory, and whether the proposed agreement met the requirements for approval under the Act.

The primary legal issues before the court were whether the agreement provided for a fair and efficient method of determining wages and other terms of employment, and whether it included provisions that were contrary to public policy. The court had to consider the provisions of the Fair Work Act and the Fair Work Regulations, as well as relevant case law and precedents.

The court found that the agreement met the statutory requirements for approval. The terms and conditions provided for a fair and efficient method of determining wages and other employment terms, and there were no provisions that were contrary to public policy. The court was satisfied that the agreement was in the best interests of the employees, as it provided for a reasonable balance of rights and obligations between the employer and employees. The application for approval was therefore granted, and the Eurofins ARL Pty Ltd Agreement 2022-2024 was approved as a registered agreement under the Fair Work Act.

The final orders of the court were that the application for approval of the Eurofins ARL Pty Ltd Agreement 2022-2024 be and is hereby granted, and that the agreement be and is hereby approved as a registered agreement under the Fair Work Act. The agreement will now apply to the employees of Eurofins ARL Pty Ltd from the date of approval, and will remain in force until such time as it is replaced or terminated in accordance with the Act.

Eurofins ARL Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established