DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essilor Australia Pty Ltd
(AG2016/4949)

ESSILOR AUSTRALIA (QUEENSLAND LABORATORY) ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2016-2019 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2016. The nominal expiry date of the Agreement is 10 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essilor Australia Pty Ltd applied to the Fair Work Commission for approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2016-2019. The application was made by Essilor Australia, a company involved in the manufacture and distribution of ophthalmic products, in relation to an enterprise agreement governing its employees in Queensland. The primary dispute centred on whether the terms and conditions set out in the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. The Fair Work Commission was the body tasked with reviewing and approving the agreement.

The legal issues before the Commission involved determining if the proposed enterprise agreement was procedurally valid, whether it complied with the "better-off-overall test" and if it included all the mandated terms as per the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement was made in good faith and whether it was free from any prohibited content such as those that would unfairly discriminate against certain employees. The central focus was to ensure the agreement adhered to the legislative framework designed to protect employees while allowing for fair bargaining between employers and employees.

The Fair Work Commission, after thorough examination, found the proposed enterprise agreement to be procedurally sound and compliant with all statutory requirements. The agreement was deemed to meet the better-off-overall test, ensuring that employees would not be worse off financially or in terms of conditions compared to their previous entitlements. The Commission confirmed that the agreement was free from prohibited content and was made in good faith. Consequently, the Commission approved the enterprise agreement, finding it to be fair and balanced, thus meeting the necessary legal standards.

The final orders of the Commission were that the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2016-2019 be approved, effective from the date of the decision. This approval signified that the agreement could now be implemented, governing the employment conditions of the employees within the specified scope. The decision underscored the Commission's role in ensuring that enterprise agreements align with legislative protections while facilitating fair and effective workplace relations.

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