Essilor Australia Pty Ltd

[2013] FWCA 3104

FAIR WORK COMMISSION

DECISION

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

Essilor Australia Pty Ltd
(AG2013/6425)

ESSILOR AUSTRALIA (QUEENSLAND LABORATORY) ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 20 MAY 2013

Application for approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Essilor Australia Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 May 2013. The nominal expiry date is 10 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involves an application by Essilor Australia Pty Ltd for the approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2013-2016. The application was heard in the Fair Work Commission, where the central dispute was the approval of the agreement that regulates the terms and conditions of employment for employees at Essilor's Queensland laboratory.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the public interest, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. This included ensuring the agreement was free from any illegality or unfairness and that it had been genuinely negotiated between the employer and employees.

The Commission found that the agreement was in the public interest as it provided for fair and reasonable terms and conditions for the employees. It considered the negotiation process and the content of the agreement, noting that it included provisions for wages, hours of work, leave, and other employment conditions. The Commission also examined the procedural aspects, confirming that the agreement was properly negotiated and that the necessary procedural requirements were met. Consequently, the Commission approved the agreement, finding that it was fair and reasonable and met all legal requirements for approval.

The Commission made orders approving the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2013-2016. The approved agreement was to be registered with the Fair Work Commission and would be binding on the employer and the employees covered by the agreement for the period specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established