Carl Zeiss Vision Australia Holdings Limited

[2013] FWCA 3548

FAIR WORK COMMISSION

DECISION

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

Carl Zeiss Vision Australia Holdings Limited
(AG2013/6740)

CARL ZEISS VISION AUSTRALIA EMPLOYEES WORKPLACE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JUNE 2013

Application for approval of the Carl Zeiss Vision Australia Employees Workplace Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Carl Zeiss Vision Australia Employees Workplace Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carl Zeiss Vision Australia Holdings Limited. 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] United Voice, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2013. The nominal expiry date of the Agreement is 2 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Carl Zeiss Vision Australia Holdings Limited, which sought approval of an employees workplace agreement. The Fair Work Commission heard the application. The central issue was whether the proposed agreement complied with the relevant legislative provisions. Specifically, the Commission needed to determine if the agreement provided a safety net of minimum terms and conditions, was genuinely agreed upon, and was not contrary to public policy.

The Commission carefully examined the agreement's provisions to ascertain if it satisfied the legislative requirements. It considered the agreement's impact on the employees' terms and conditions, the process through which the agreement was negotiated, and the nature of the changes proposed. The Commission found that the agreement did provide a safety net of minimum terms and conditions and was genuinely negotiated. It concluded that the agreement did not contravene any public policy considerations.

As a result, the Commission approved the Carl Zeiss Vision Australia Employees Workplace Agreement. The decision emphasised the importance of ensuring that workplace agreements meet the statutory criteria for approval. The approval was based on the agreement's compliance with the legislative requirements and its positive impact on the employees' terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established