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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Essilor Australia Pty Ltd, the Full Bench of the Fair Work Commission was tasked with determining the approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2019 - 2022. The primary parties involved were Essilor Australia Pty Ltd, the employer, and the National Tertiary Education Industry Union (NTEU), representing the employees. The dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to ascertain whether the agreement was fair and reasonable, taking into account the statutory requirements and the principles of the modern awards applicable to the employees.

The legal issues before the Commission involved a comprehensive evaluation of the proposed agreement against the statutory framework. The Commission needed to consider whether the agreement provided for terms and conditions that were not less favourable than those stipulated in the relevant modern awards and whether it complied with the procedural requirements for approval. Additionally, the Commission had to assess whether the agreement promoted workplace harmony and productivity and whether it addressed the interests of both parties fairly.

In delivering its decision, the Commission meticulously reviewed the provisions of the agreement and examined the submissions from both parties. It found that the proposed agreement contained terms and conditions that were not less favourable than the applicable modern awards, and it satisfied the procedural requirements for approval. The Commission also noted that the agreement contained provisions that promoted workplace harmony and productivity, and it addressed the interests of both parties in a fair manner. Consequently, the Full Bench approved the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2019 - 2022, finding it to be a fair and reasonable agreement under the Act. The final orders confirmed the approval of the agreement, paving the way for its implementation as intended by the parties.

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