Essilor Australia Pty Ltd

[2022] FWCA 3254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Application for approval of a single-enterprise agreement

Essilor Australia Pty Ltd

(AG2022/3717)

Essilor Australia (Victoria Laboratory) Enterprise Agreement 2022 – 2025

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2022

Application for approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2022 - 2025

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Essilor Australia Pty Ltd for approval of a single enterprise agreement known as the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2022 - 2025 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2022. The nominal expiry date of the Agreement is 19 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essilor Australia Pty Ltd sought approval of a proposed enterprise agreement for its Victoria laboratory employees, which would cover the period from 2022 to 2025. The dispute was heard in the Fair Work Commission, where the key issue was whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal question was whether the proposed agreement complied with the procedural and substantive requirements of the Act. This involved assessing if the agreement was made in good faith, and if it provided for minimum terms and conditions, as well as fair and reasonable terms for the employees. The Commission had to determine whether the agreement was made without coercion and whether it included provisions for dispute resolution, which were fundamental to its approval.

The Fair Work Commission found that the proposed agreement was made in good faith and met the requirements of the Act. The agreement included provisions for minimum terms and conditions, fair and reasonable terms, and a dispute resolution process. The Commission approved the agreement, noting that it provided for appropriate safeguards for employees and did not contain any terms that were contrary to public policy. The approval was granted, allowing the agreement to come into effect from 1 July 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established