DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hoya Lens Australia Pty Ltd
(AG2015/6004)

HOYA LENS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the HOYA Lens Australia Pty Ltd Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the HOYA Lens Australia Pty Ltd Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hoya Lens 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] 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.

[4] The Agreement was approved on 5 November 2015 and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 9 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Hoya Lens Australia Pty Ltd, an employer, and the United Voice union, representing the employees. The dispute centred around the approval of the Enterprise Agreement between the parties for the period 2015-2017. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and if it was fair and reasonable. Furthermore, the Commission had to consider if the agreement adequately protected the interests of any employees who might be adversely affected by its terms, including those who were not directly represented by the union.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms. It also held that the agreement was fair and reasonable, taking into account the economic circumstances of the parties and the need for flexibility in the workplace. The Commission was satisfied that the agreement adequately protected the interests of all employees, including those not directly represented by the union. Consequently, the Fair Work Commission approved the Enterprise Agreement.

The final orders of the Commission included the approval of the Enterprise Agreement, with the agreement to be registered with the Fair Work Commission and to have effect from the specified period. The parties were directed to take all necessary steps to give effect to the agreement and to ensure its proper implementation.

Hoya Lens 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