DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essilor Australia Pty Ltd
(AG2020/4165)

ESSILOR AUSTRALIA (SOUTHERN LABORATORIES) ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 12 MARCH 2021

Application for approval of the Essilor Australia (Southern Laboratories) Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Southern Laboratories) Enterprise Agreement 2020 - 2023 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Essilor Australia Pty Ltd sought approval of an enterprise agreement concerning the Southern Laboratories team. The applicant argued that the agreement met the criteria under the Fair Work Act 2009 for a modern award to be disregarded. The Fair Work Commission was the court that heard the application. The primary legal issue before the court was whether the terms and conditions of the proposed enterprise agreement met the necessary criteria for the modern award to be disregarded.

The court examined various aspects of the agreement, including the coverage of employees, the classification of roles, and the provisions for pay and conditions. It was necessary to determine if the agreement provided at least the minimum entitlements of the relevant modern award and if it had been negotiated in good faith. The court also considered the public interest in approving the agreement, including its potential impact on the efficiency, flexibility, and productivity of the workplace.

After thorough examination, the Commission concluded that the proposed enterprise agreement was fair and reasonable, providing at least the minimum entitlements of the relevant modern award. The agreement was found to have been negotiated in good faith, and the public interest considerations supported its approval. The Commission approved the enterprise agreement, allowing it to come into effect as per the terms outlined.

The Commission's decision was based on the detailed analysis of the agreement's provisions, the evidence provided by both parties, and the applicable legal framework. The approval of the enterprise agreement ensures that the terms and conditions of employment for the Southern Laboratories team are adequately covered and that the agreement facilitates a fair and efficient workplace.

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