Essilor Australia Pty Ltd

[2014] FWCA 6348

FAIR WORK COMMISSION

DECISION

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

Essilor Australia Pty Ltd
(AG2014/8671)

ESSILOR AUSTRALIA (SILVERWATER) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Silverwater) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essilor Australia Pty Ltd applied to the Fair Work Commission for approval of the Essilor Australia (Silverwater) Enterprise Agreement 2014-2017, which was the outcome of negotiations between the company and the union representing its employees. The union sought to include provisions in the agreement that would provide for the payment of penalty rates to employees who worked on a Saturday. Essilor opposed this proposal, arguing that it was inconsistent with the terms of the existing agreement and that the union had failed to provide sufficient evidence to justify the change. The matter was heard by the Commission, which was required to determine whether the proposed provisions were fair and reasonable and met the requirements of the Fair Work Act 2009.

The Commission considered the evidence presented by both parties and the relevant legal principles. It noted that the existing agreement did not provide for penalty rates for work on Saturdays, and that the union had not demonstrated that there were exceptional circumstances that justified the inclusion of such provisions. The Commission found that the proposed provisions were not fair and reasonable, as they would have a significant impact on the company's operations and financial position, and that the union had not discharged the onus of proving that the provisions were necessary or appropriate. The application was therefore dismissed.

The Commission's decision was based on a careful consideration of the evidence and the applicable legal principles. It found that the union had not provided sufficient evidence to justify the inclusion of penalty rates for work on Saturdays, and that the proposed provisions would have had a significant impact on the company's operations and financial position. The Commission concluded that the application for approval of the enterprise agreement should be dismissed. The final orders of the Commission reflected this decision, and the application was dismissed in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established