DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EyeBiz Laboratories Pty Ltd
(AG2015/6565)

EYEBIZ LABORATORIES (CHIPPING NORTON) ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the EyeBiz Laboratories (Chipping Norton) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the EyeBiz Laboratories (Chipping Norton) Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EyeBiz Laboratories Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 12 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved EyeBiz Laboratories Pty Ltd, a company operating in the medical and laboratory services sector, and its employees represented by the Health Services Union of Australia. The dispute centred on the application for approval of the EyeBiz Laboratories (Chipping Norton) Enterprise Agreement 2015-2018. The union sought to ensure the agreement met all legal requirements under the Fair Work Act 2009, particularly in terms of providing fair and reasonable terms for the employees.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. This included verifying that the agreement did not disadvantage employees, was not contrary to public interest, and was made in good faith. The commission had to consider the balance of rights and obligations between the employer and employees, ensuring the agreement provided fair terms and conditions of employment.

The Fair Work Commission found that the proposed enterprise agreement did indeed comply with the requirements of the Fair Work Act 2009. The commission was satisfied that the agreement had been made in good faith and provided fair and reasonable terms for the employees. The commission took into account the bargaining positions of the parties, the nature of the agreement, and the impact on the employees. The commission also noted the absence of any significant disadvantages to the employees, leading to the conclusion that the agreement met the necessary legal standards.

The commission approved the EyeBiz Laboratories (Chipping Norton) Enterprise Agreement 2015-2018, effective from 1 April 2015. This decision finalised the dispute and set the terms of employment for the employees represented by the union under the new agreement.

EyeBiz Laboratories 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