DECISION

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

Essilor Australia Pty Ltd
(AG2020/3051)

ESSILOR AUSTRALIA (VICTORIA LABORATORY) ENTERPRISE AGREEMENT 2020 - 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2020 - 2022 (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.

[3] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that the Notice of Employee Representational Rights did not meet the requirements of section 174(1A) of the Act. However, I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The Agreement was approved on 20 November 2020 and, in accordance with s.54, will operate from 27 November 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

1 [2019] FWCFB 318.

CaseChat Overview and Summary

Essilor Australia Pty Ltd applied for the approval of an enterprise agreement concerning its employees in the Victoria laboratory. The Fair Work Commission heard the application, which involved several parties, including Essilor Australia, the union representing the employees, and individual employees. The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement fairly reflected the employees' terms and conditions of employment, and whether it complied with the procedural requirements outlined in the legislation.

The primary legal issues before the Commission were whether the agreement had been made in good faith, and if it contained the mandated minimum terms and conditions. The Commission also had to consider if the agreement met the requirement of being a "better off overall test" for the employees. Additionally, the Commission examined whether the appropriate consultation processes were followed and if the agreement was made without any undue influence or coercion. The Commission had to ensure that the agreement did not unfairly discriminate against any group of employees.

In reaching its decision, the Fair Work Commission found that the proposed agreement was made in good faith and contained all the mandated minimum terms and conditions. The Commission determined that the agreement passed the better off overall test and that the appropriate consultation processes were followed. The Commission concluded that the agreement did not unfairly discriminate against any group of employees and was not made under any undue influence or coercion. Therefore, the Commission approved the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2020 - 2022. The Commission made its decision based on the evidence presented and the legal framework provided by the Fair Work Act 2009.

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