DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essilor Australia Pty Ltd
(AG2021/226)

ESSILOR AUSTRALIA (SILVERWATER) ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 25 FEBRUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Silverwater) 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 undertaking 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Essilor Australia Pty Ltd, represented by its employees through the National Union of Workers, applied for the approval of the Essilor Australia (Silverwater) Enterprise Agreement 2020 - 2023. The application was made to the Fair Work Commission, which was required to assess the fairness of the proposed agreement under the Fair Work Act 2009. The legal issues at the core of this case revolved around whether the agreement contained all the mandated terms and conditions, adhered to the requirements of procedural fairness, and whether it was fair and reasonable in the context of the broader industrial relations environment.

The Commission meticulously examined the provisions of the agreement to determine if it met the legislative standards. This involved verifying the presence of all required terms, assessing the procedural fairness of the bargaining process, and evaluating the agreement's overall fairness. The Commission considered the nature of the bargaining, the context of the agreement, and whether it achieved a fair balance between the interests of the employees and the employer. The decision was heavily influenced by the Fair Work Act 2009, particularly sections 231 and 232, which outline the criteria for approving enterprise agreements.

Upon careful consideration, the Commission found that the agreement was fair and reasonable, as it contained all the necessary terms and conditions and adhered to the principles of procedural fairness. The agreement was approved, recognising the balance it achieved between the rights and interests of the employees and the operational needs of Essilor Australia. The Commission's decision was grounded in the comprehensive assessment of the bargaining process and the content of the agreement. The approval of the enterprise agreement was thus granted, reflecting its compliance with the statutory requirements and its appropriateness in the industrial relations landscape.

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