DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eurofins Environment Testing Australia Pty Ltd T/A Eurofins | mgt
(AG2015/725)

EUROFINS | MGT AGREEMENT 2014-2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 26 MAY 2015

Application for approval of the Eurofins | mgt Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Eurofins | mgt Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Eurofins Environment Testing Australia Pty Ltd T/A Eurofins | mgt. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2015. The nominal expiry date of the Agreement is 28 February 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eurofins Environment Testing Australia Pty Ltd T/A Eurofins made an application to the Fair Work Commission for approval of the Eurofins | mgt Agreement 2014-2017. The Australian Council of Trade Unions was the respondent. The nature of the dispute centred on the validity and approval of the industrial agreement under the Fair Work Act 2009. The Commission, presided over by Deputy President M J Richards, was tasked with determining whether the agreement met the necessary criteria for approval and registration.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act, and if it was made in good faith and without coercion. The Commission examined the process by which the agreement was negotiated and whether it was made in accordance with the relevant provisions of the Act. The central concern was whether the agreement reflected a fair and equitable resolution of the employment terms and conditions between the employer and the employees.

The Commission found that the agreement was indeed a genuine enterprise agreement, fulfilling the statutory criteria. The negotiation process was deemed to have been conducted in good faith and without coercion. The terms and conditions of the agreement were considered fair and reasonable, and they complied with the requirements of the Fair Work Act. Consequently, the application for approval of the Eurofins | mgt Agreement 2014-2017 was granted. The Commission registered the agreement under the Act, thereby rendering it legally binding on the parties involved.

No further orders were made by the Commission beyond the approval and registration of the agreement. The decision ensures that the terms and conditions set out in the agreement are enforceable, providing a stable framework for the employment relationship between Eurofins and its employees for the specified period.

Eurofins Environment Testing Australia Pty Ltd T/A Eurofins | mgt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established