L’Oréal Australia Pty Ltd

[2017] FWCA 4532

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

L’Oréal Australia Pty Ltd

(AG2017/2703)

L’OrÉal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2017

Storage services
Commissioner Lee	MELBOURNE, 31 AUGUST 2017

Application for approval of the L’Oréal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the L’Oréal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by L’Oréal Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.

The National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

L’Oréal Australia Pty Ltd applied to the Fair Work Commission for approval of the L’Oréal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2017. The application was opposed by the Fair Work Ombudsman. The primary dispute was whether the proposed agreement contained provisions that were contrary to public policy or not in the best interests of the employees. The Fair Work Commission heard the matter and was tasked with determining the legality and appropriateness of the agreement’s provisions.

The legal issues before the Commission included whether certain provisions in the agreement, particularly those related to the use of casual labour and the exclusion of certain employee categories from certain benefits, contravened public policy or the best interests of the employees. The Commission needed to assess these provisions against the backdrop of the Fair Work Act 2009 and related regulations, ensuring that the agreement complied with all relevant statutory requirements. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees.

The Commission found that the agreement did not contravene public policy and was in the best interests of the employees. It determined that the provisions regarding casual labour and employee benefits were reasonable and did not unjustifiably disadvantage any employee category. The Commission concluded that the agreement provided for fair terms and conditions, including protections that were consistent with the Fair Work Act. As a result, the Commission approved the enterprise agreement, allowing it to come into effect.

In approving the agreement, the Commission made an order that the L’Oréal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2017 be approved and registered. This decision allowed the agreement to be implemented, subject to the terms and conditions set out in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established