DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions
(AG2016/6694)

OJI FIBRE SOLUTIONS (AUS) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the OJI Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the OJI Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions. 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] 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 29 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions applied to the Fair Work Commission for approval of the OJI Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2016. The applicant was represented by counsel, while the Australian Manufacturing Workers Union was represented by an authorised officer. The Fair Work Commission was required to determine whether the application met the criteria for approval set out in the Fair Work Act 2009.

The main legal issue before the Commission was whether the agreement met the requirements of section 234 of the Fair Work Act, which sets out the criteria for the approval of an enterprise agreement. Specifically, the Commission had to consider whether the agreement provided for the proper classification of employees, provided for reasonable terms and conditions, and was made in good faith. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy.

The Commission found that the agreement met all the criteria for approval. The Commission was satisfied that the agreement provided for the proper classification of employees and contained reasonable terms and conditions. The Commission also found that the agreement was made in good faith and did not contain any provisions that were contrary to public policy. The Commission approved the agreement, and it is now a legally binding enterprise agreement between the applicant and the employees covered by the agreement.

The Fair Work Commission approved the OJI Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2016. The applicant may now implement the agreement, and it is now a legally binding enterprise agreement between the applicant and the employees covered by the agreement. The Australian Manufacturing Workers Union has the right to apply to the Fair Work Commission for the variation of the agreement in the future.

OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established