Olex Australia Pty Ltd Summary

[2016] FWCA 2324

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Olex Australia Pty Ltd T/A Nexans Olex
(AG2016/2483)
NEXANS OLEX GEEBUNG WAREHOUSE EMPLOYEES
ENTERPRISE AGREEMENT 2016
Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 APRIL 2016

Application for approval of the Nexans Olex Geebung Warehouse Employees Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Nexans Olex Geebung Warehouse Employees 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 Olex Australia Pty Ltd T/A Nexans Olex. The Agreement is a single enterprise

agreement.

[2] 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.

[3] 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.
[2016] FWCA 2324

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

20 April 2016. The nominal expiry date of the Agreement is 5 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2324

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement known as the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2016. The applicant, Olex Australia Pty Ltd T/A Nexans Olex, sought the approval under section 185 of the Fair Work Act 2009. The agreement in question was a single enterprise agreement, covering employees at the Geebung warehouse. The primary issue for the court was to determine whether the agreement met the requirements set forth in sections 186, 187, 188, and 190 of the Act, and whether the undertakings provided by the applicant would not result in financial detriment to the employees or substantial changes to the agreement.

The court found that the applicant had provided written undertakings that satisfied the conditions necessary for approval. These undertakings ensured that no financial harm would come to the employees and that there would be no substantial changes to the agreement. The court was satisfied that all relevant requirements of the Act had been met, subject to the conditions outlined in the undertakings. Based on this, the court approved the agreement and determined that it would come into effect on 20 April 2016, with a nominal expiry date of 5 January 2019.

Olex Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established