DECISION

Fair Work Act 2009
s.185—Enterprise agreement

XRF Labware Pty Ltd T/A XRF Labware
(AG2020/249)

XRF LABWARE PTY LTD AND AWU ENTERPRISED BASED AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MARCH 2020

Application for approval of the XRF Labware Pty Ltd and AWU Enterprised Based Agreement 2019-2022.

[1] XRF Labware Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the XRF Labware Pty Ltd and AWU Enterprised Based Agreement 2019-2022 (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, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that clause 36.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.7 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.

[5] The Australian 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.

[6] The Agreement was approved on 17 March 2020 and, in accordance with s 54, will operate from 24 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, XRF Labware Pty Ltd trading as XRF Labware, applied for an approval of the XRF Labware Pty Ltd and AWU Enterprise Based Agreement 2019-2022. The respondent, the Australian Workers' Union, opposed the application on the basis that the agreement did not meet the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Act.

The primary legal issue was whether the agreement could be approved despite the respondent's opposition, and whether it met the criteria for being a genuine enterprise agreement. The applicant argued that the agreement was negotiated in good faith and covered all the necessary terms. The respondent contended that the agreement did not adequately cover all the required terms and conditions and was not a genuine enterprise agreement.

The Commission found that the agreement was genuine and met the criteria for approval. It noted that the applicant and the union had engaged in a genuine negotiation process and the agreement contained all the necessary terms and conditions as required by the Act. The Commission concluded that the agreement was a genuine enterprise agreement and approved it accordingly.

As a result of the approval, the XRF Labware Pty Ltd and AWU Enterprise Based Agreement 2019-2022 is now a registered agreement, and the applicant and the union are bound by its terms and conditions. The respondent's opposition to the application was dismissed.

XRF Labware Pty Ltd T/A XRF Labware

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established