CooperVision Australia Pty Ltd

[2014] FWCA 7439

FAIR WORK COMMISSION

DECISION

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

CooperVision Australia Pty Ltd
(AG2014/7726)

COOPERVISION AUSTRALIA PTY LTD OPTICAL EMPLOYEES COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 OCTOBER 2014

Application for approval of the CooperVision Australia Pty Ltd Optical Employees Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CooperVision Australia Pty Ltd Optical Employees Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CooperVision Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“The Company acknowledges the requirements outlined in Sections 87 and 196 of the Fair Work Act 2009 (Cth) with regard to annual leave applicable for shift workers. Therefore, the Company undertakes to afford additional annual leave to its employees if, during the life of the abovementioned enterprise agreement, the employees are required to perform duties, as shift workers, as defined by the Storage Services and Wholesale Award 2010.”

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 20 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CooperVision Australia Pty Ltd was the applicant seeking approval of the Optical Employees Collective Agreement 2014. The application was made pursuant to section 230 of the Fair Work Act 2009. The nature of the dispute was the terms and conditions of employment for optical employees under the proposed collective agreement.

The primary legal issue for the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act, particularly in relation to the "better-off-overall test" which ensures that employees are not worse off under the agreement compared to their existing terms and conditions. The Commission also needed to consider whether the agreement met the requirements for "certified agreements" as outlined in the Fair Work Act.

The Fair Work Commission found that the proposed agreement did meet the better-off-overall test and satisfied the necessary criteria for a certified agreement. The Commission confirmed that the agreement was fair and balanced, ensuring that employees were not disadvantaged and provided adequate protections and benefits. Accordingly, the application was approved.

As a result of the decision, the Optical Employees Collective Agreement 2014 was approved and registered as a certified agreement, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established