Essilor Australia Pty Ltd

[2014] FWCA 8309

FAIR WORK COMMISSION

DECISION

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

Essilor Australia Pty Ltd
(AG2014/9894)

ESSILOR AUSTRALIA (SOUTHERN LABORATORIES) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 NOVEMBER 2014

Application for approval of the Essilor Australia (Southern Laboratories) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Southern Laboratories) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Essilor Australia Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essilor Australia Pty Ltd sought approval of the Essilor Australia (Southern Laboratories) Enterprise Agreement 2014-2017 in the Fair Work Commission. The agreement was challenged by the Australian Manufacturing Workers’ Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The central issue before the commission was whether the agreement complied with the provisions of the Act, particularly regarding the treatment of employees under the agreement. The union argued that certain clauses in the agreement unfairly disadvantaged employees, while Essilor Australia maintained that the agreement was fair and reasonable.

The commission examined the provisions of the Fair Work Act and the specific clauses in the enterprise agreement. It assessed whether the agreement provided for fair terms and conditions of employment, including matters such as pay, hours of work, leave entitlements, and other benefits. The commission also considered the process by which the agreement was negotiated and whether it met the procedural fairness requirements. Ultimately, the commission found that while there were some areas of concern, the overall agreement did not unfairly disadvantage employees and complied with the requirements of the Act.

Consequently, the Fair Work Commission approved the Essilor Australia (Southern Laboratories) Enterprise Agreement 2014-2017. The decision was based on the conclusion that the agreement provided for fair terms and conditions of employment and was negotiated in a manner that met the procedural fairness requirements. The commission's approval allows the agreement to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established