DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Getinge Australia Pty Ltd
(AG2019/1930)

GETINGE AUSTRALIA PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 2 JULY 2019

Application for approval of the Getinge Australia Pty. Ltd. and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Getinge Australia Pty. Ltd. and ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Getinge Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 - Notice

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Getinge Australia Pty Ltd and the Electrical Trades Union (ETU). The primary dispute centred on the approval of the Getinge Australia Pty Ltd and ETU Enterprise Agreement 2018-2021. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included examining if the agreement provided for the pay and conditions of employees fairly and provided for the minimum terms and conditions that would apply in the absence of an enterprise agreement.

The central legal issue revolved around whether the agreement adequately safeguarded the rights of employees and whether it was fair and balanced. The Commission needed to ensure that the agreement provided for fair remuneration and conditions, and that it did not disadvantage employees unduly. Additionally, the Commission had to confirm that the agreement was genuinely negotiated and not imposed. The analysis included scrutinising the agreement's provisions to ascertain if they complied with the statutory requirements and if they were consistent with the principles of industrial fairness and equity.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the broader implications of the agreement for the workforce. The Commission found that the agreement was fairly negotiated and provided for the employees' pay and conditions in a manner that was equitable and consistent with the legislative framework. It was determined that the agreement did not disadvantage employees and provided for fair remuneration and conditions of employment. The Commission concluded that the agreement was in accordance with the statutory requirements and met the standards of industrial fairness. Consequently, the Commission approved the Getinge Australia Pty Ltd and ETU Enterprise Agreement 2018-2021.

Getinge Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established