Essilor Australia Pty Ltd T/A Essilor Australia

[2022] FWCA 3802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Essilor Australia Pty Ltd T/A Essilor Australia

(AG2022/4431)

Essilor Australia (Queensland Laboratory) Enterprise Agreement 2022 - 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 28 OCTOBER 2022

Application for approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2022 - 2025 (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 T/A Essilor Australia (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essilor Australia Pty Ltd, trading as Essilor Australia, filed an application with the Fair Work Commission for the approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2022-2025. The primary concern of the application was to ensure that the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including the need for it to provide for fair and reasonable terms and conditions. The dispute centred on the specifics of the agreement's provisions, particularly those related to wage rates, working hours, and other employment conditions.

The legal issues before the court involved determining whether the proposed agreement satisfied the various statutory criteria, including compliance with the Fair Work Act's requirements for enterprise agreements. This included ensuring that the agreement did not disadvantage employees in terms of pay and conditions and that it was negotiated in good faith. The court also had to assess whether the agreement met the "better off overall test", which required that the employees be at least as well off under the new agreement as they would be under their previous conditions.

The Fair Work Commission found that the proposed enterprise agreement met all statutory requirements. The court considered the arguments presented by both parties, including the evidence provided by Essilor Australia regarding the negotiation process and the benefits of the proposed agreement for the employees. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, did not disadvantage employees, and satisfied the better off overall test. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The court's final orders included the approval of the Essilor Australia (Queensland Laboratory) Enterprise Agreement 2022-2025, effective from the date of the decision. This decision was made on the basis that the agreement complied with all relevant provisions of the Fair Work Act and met the necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established