Essilor Australia Pty Ltd

[2018] FWCA 1467

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Essilor Australia Pty Ltd

(AG2017/5216)

Essilor Australia (Victoria Laboratory) Enterprise Agreement 2017-2020

Manufacturing and associated industries
Deputy President Beaumont	PERTH, 13 MARCH 2018

Application for approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2017-2020 (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.

The Applicant 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 13 March 2018 and, in accordance with s.54, will operate from 20 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Essilor Australia Pty Ltd, represented by the applicant, sought approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2017-2020 from the Fair Work Commission. The applicant argued that the proposed agreement was fair and reasonable and should be approved as a protected action (certified) agreement. The applicant contended that the agreement was necessary for the continued viability of its business, particularly its laboratory operations in Victoria, and would provide appropriate flexibility and efficiency in the workforce. The dispute was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations and industrial matters in Australia.

The legal issues before the court involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement was procedurally sound, had been made in good faith, and was fair and reasonable in terms of its content and impact on employees. The applicant argued that the agreement was necessary to secure the future of its laboratory operations, which were critical to its business. The court also had to examine the processes leading up to the agreement, including whether proper consultation and negotiation had taken place, and whether the agreement reflected the true intentions of the parties involved.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court noted that the applicant had demonstrated a genuine need for the agreement to secure the future of its laboratory operations. It was also satisfied that the agreement had been made in good faith and that proper consultation and negotiation processes had been followed. The court considered the content of the agreement, finding it to be fair and reasonable, providing necessary flexibility and efficiency in the workforce while protecting employee rights and interests. The court concluded that the agreement was necessary for the continued viability of the business and approved it as a certified agreement.

The Fair Work Commission ordered the approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2017-2020 as a certified agreement. The court directed that the agreement would be in effect from the date of the decision and would remain in force until it was replaced by a new agreement or terminated under the provisions of the Fair Work Act. The decision highlighted the importance of flexibility and efficiency in enterprise agreements, particularly in industries that require specialised skills and operations. The court's approval of the agreement provided certainty for both the employer and employees, ensuring that the business could continue to operate effectively while protecting the rights and interests of workers.

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