Essilor Australia Pty Ltd

[2019] FWCA 7573

[2019] FWCA 7573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essilor Australia Pty Ltd
(AG2019/3956)

ESSILOR AUSTRALIA (QUEENSLAND LABORATORY) ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2019 - 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] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 “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.

[6] The Agreement was approved on 1 November 2019 and, in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 10 June 2022.

COMMISSIONER

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