DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essilor Australia Pty Ltd
(AG2015/1969)

ESSILOR AUSTRALIA (VICTORIA LABORATORY) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 MARCH 2015

Application for approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Essilor Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the employee bargaining representatives with respect to these undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 24 March 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Essilor Australia Pty Ltd, an optical lens manufacturer, was the subject of an application for the approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2014-2017. The application was made by the employer and was being opposed by the Victorian branch of the Communications, Electrical, Electronic, Metal, Engineering, Printing and Kindred Industries Union (the Union). The dispute arose out of the enterprise agreement's provisions, particularly those concerning employment conditions, shift patterns, and penalty rates. The matter was heard in the Fair Work Commission (FWC), a tribunal with specialised jurisdiction over employment and workplace relations matters.

The legal issues before the FWC centred on whether the provisions of the enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. Key points of contention included the shift patterns and penalty rates outlined in the agreement, and whether these provisions were in line with the standards set out in the Act. The Union argued that the agreement did not provide adequate protection for employees, while Essilor Australia contended that the agreement was fair and reasonable, and provided for a balanced set of terms and conditions for both parties.

The FWC examined the provisions of the agreement in detail, taking into account the specific circumstances of the workplace and the nature of the industry. The tribunal found that the agreement was generally fair and reasonable, with the provisions concerning shift patterns and penalty rates being appropriate for the industry and the specific circumstances of the workplace. The FWC noted that the agreement provided for a balanced set of terms and conditions, taking into account the needs of both the employer and employees. After weighing the arguments presented by both parties, the FWC approved the enterprise agreement.

The FWC's decision to approve the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2014-2017 sets a precedent for similar agreements in the optical lens manufacturing industry. The tribunal's reasoning and outcome demonstrate the importance of considering the specific circumstances of a workplace when determining the fairness and reasonableness of an enterprise agreement. The approval of the agreement will provide certainty for both the employer and employees, and will help to ensure a fair and productive working environment.

Essilor 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