HOYA Lens Australia Summary

[2014] FWCA 1394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

HOYA Lens Australia
(AG2013/12019)

HOYA LENS AUSTRALIA, ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 FEBRUARY 2014

Application for approval of the HOYA Lens Australia Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as HOYA Lens Australia Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 5 March 2014. The nominal expiry date of the Agreement is9 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, HOYA Lens Australia Pty Ltd, an ophthalmic lens manufacturer, sought approval of an enterprise agreement with its employees. The employees, represented by the National Tertiary Education Union, contested the proposed agreement on various grounds, including the adequacy of pay rates and the absence of provisions addressing certain workplace issues. The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable pay and conditions and whether it complied with the formal requirements for approval, including proper consultation and negotiation processes.

The Commission considered the evidence and submissions from both parties, examining the nature of the negotiations, the extent of consultation, and the substantive terms of the proposed agreement. The Commission assessed whether the agreement contained adequate provisions for pay rates, overtime, penalty rates, and other employment conditions that met the fairness and reasonableness threshold. It also scrutinised whether the agreement had been genuinely negotiated and whether there was sufficient consultation between the parties. The Commission concluded that the agreement was the product of genuine bargaining and that the terms, while not perfect, were fair and reasonable. The Commission noted that while some aspects could be improved, the overall balance of the agreement was satisfactory and met the statutory requirements for approval.

The Fair Work Commission approved the HOYA Lens Australia Enterprise Agreement 2013-2015, finding that it complied with the necessary legal standards. The Commission's decision was based on the evidence that the agreement had been negotiated in good faith, provided for fair and reasonable terms and conditions, and met the formal requirements for approval. The approved agreement would now govern the employment relationship between HOYA Lens Australia and its employees for the specified period.

HOYA Lens Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established