Olex Australia Pty Ltd

[2021] FWCA 6384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd
(AG2021/7760)

OLEX (LILYDALE) - AUSTRALIAN MANUFACTURING WORKERS UNION AND ELECTRICAL TRADES UNION COLLECTIVE AGREEMENT 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 OCTOBER 2021

Application for approval of the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2021-2024.

[1] Olex Australia Pty Ltd (the Employer) has made an application for the approval of the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2021-2024 (the Agreement). The application was made under 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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU and CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olex Australia Pty Ltd applied to the Fair Work Commission for approval of the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2021-2024. The dispute was between the company and the unions representing the employees. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement was a genuine enterprise agreement, as defined by section 172 of the Fair Work Act. The Commission considered whether the agreement had been made in good faith, whether it contained only matters that were reasonably appropriate to be in a workplace agreement, and whether it met the requirement of being a single, integrated document. The Commission also examined whether the agreement provided for a proper process for the resolution of disputes and whether it met the requirements for notice and publicity.

The Commission found that the agreement was a genuine enterprise agreement. It was made in good faith, contained only matters that were reasonably appropriate to be in a workplace agreement, and was a single, integrated document. The agreement provided for a proper process for the resolution of disputes and met the requirements for notice and publicity. The Commission approved the agreement, stating that it was in the interests of achieving a balanced outcome between the parties.

The Commission's approval of the agreement means that it will now be legally binding on the parties. The agreement will provide for the terms and conditions of employment for the employees represented by the unions, including matters such as pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The approval of the agreement is an important step in ensuring that the parties can work together in a productive and harmonious manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established