DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd
(AG2015/5510)

OLEX (LILYDALE) - AUSTRALIAN MANUFACTURING WORKERS UNION AND ELECTRICAL TRADES UNION COLLECTIVE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2015-2018 (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. 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.202(4) of the Act, the model flexibility 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) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olex Australia Pty Ltd, the applicant, sought approval for a proposed collective agreement with the Australian Manufacturing Workers Union and Electrical Trades Union. The dispute was heard in the Fair Work Commission, which was asked to determine whether the proposed agreement met the necessary legal standards for approval. The core issue before the Commission was whether the proposed agreement complied with the requirements of section 231 of the Fair Work Act 2009, specifically in terms of its provisions regarding penalty rates, shift loadings, and other employment conditions. The Commission needed to assess if these provisions were consistent with the principles of good faith bargaining and if they provided for fair and reasonable terms and conditions of employment.

The Commission examined the evidence presented by both parties and considered the broader context of the agreement. It assessed whether the proposed agreement reflected a genuine attempt at good faith bargaining and whether it provided for fair and reasonable terms. The Commission found that the proposed agreement contained provisions that were consistent with good faith bargaining and that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement addressed various employment conditions, including penalty rates, shift loadings, and other relevant provisions, in a manner that was consistent with the principles of the Act.

Consequently, the Commission approved the proposed collective agreement. The approval was based on the finding that the agreement met the necessary legal standards and provided for fair and reasonable terms and conditions of employment. The decision underscores the importance of ensuring that collective agreements are the product of good faith bargaining and that they provide for fair and reasonable employment terms. The Commission's approval of the agreement reflects its satisfaction that the proposed terms were consistent with the principles of the Fair Work Act.

Olex Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established