Eurofins Environment Testing Australia Pty Ltd T/A Eurofins Summary

[2021] FWCA 6672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eurofins Environment Testing Australia Pty Ltd T/A Eurofins
(AG2021/7926)

EUROFINS ENVIRONMENT TESTING AUSTRALIA PTY LTD AGREEMENT 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Eurofins Environment Testing Australia Pty Ltd Agreement 2021-2024

[1] Eurofins Environment Testing Australia Pty Ltd T/A Eurofins (the Employer) has made an application for approval of an enterprise agreement known as the Eurofins Environment Testing Australia Pty Ltd Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 November 2021 and, in accordance with s 54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eurofins Environment Testing Australia Pty Ltd T/A Eurofins has applied for the approval of the Eurofins Environment Testing Australia Pty Ltd Agreement 2021-2024, under the Fair Work Act 2009. The dispute concerns the terms and conditions of employment for employees within the organisation, as set out in the proposed agreement. The matter was heard in the Fair Work Commission, with Commissioner G R Foster presiding.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically if it provided for minimum rates of pay and conditions that were not less favourable than the relevant award or registered agreement, and if it complied with other legislative requirements. The Commission had to assess the fairness and reasonableness of the proposed agreement, considering the interests of both employees and employers.

The Commission found that the proposed agreement provided for terms and conditions that were not less favourable than the relevant award and were fair and reasonable. The agreement included provisions for minimum rates of pay, leave entitlements, and other employment conditions that met the legislative requirements. The Commission noted that the agreement had been the subject of good faith negotiations and reflected a balance between the interests of the employees and the employer. Consequently, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the Eurofins Environment Testing Australia Pty Ltd Agreement 2021-2024, effective from 1 July 2021. The approved agreement sets out the terms and conditions of employment for the employees covered by the agreement, including minimum rates of pay, leave entitlements, and other employment conditions. The approval ensures that the agreement complies with the Fair Work Act and provides a fair and reasonable framework for the employment relationship between Eurofins and its employees.

Eurofins Environment Testing Australia Pty Ltd T/A Eurofins

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established