Olex Australia Pty Ltd T/A Nexans Australia

[2025] FWCA 169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Olex Australia Pty Ltd T/A Nexans Australia

(AG2024/5058)

NEXANS FORRESTFIELD SITE AND UNITED WORKERS UNION 2024 COLLECTIVE AGREEMENT

Rubber, plastic and cable making industry
COMMISSIONER LIM	PERTH, 17 JANUARY 2025

Application for approval of the Nexans Forrestfield Site and United Workers Union 2024 Collective Agreement

Olex Australia Pty Ltd trading as Nexans Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Nexans Forrestfield Site and United Workers Union 2024 Collective Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 17 January 2025 and, in accordance with s 54, will operate from 24 January 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Court of Australia, Olex Australia Pty Ltd, trading as Nexans Australia, applied for approval of the Nexans Forrestfield Site and United Workers Union 2024 Collective Agreement. The application arose in the context of industrial relations, specifically concerning the terms and conditions of employment for workers at the Nexans Forrestfield Site. The United Workers Union sought approval of the collective agreement, which was negotiated between the union and Nexans Australia.

The central legal issues before the court involved whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Key considerations included whether the agreement was in good faith, whether it provided for the fair and efficient resolution of workplace issues, and whether it met the necessary standards set by the Fair Work Commission. Additionally, the court had to examine if the agreement appropriately balanced the interests of both the employer and the employees.

The court thoroughly reviewed the collective agreement, considering the principles of good faith bargaining and the objectives of the Fair Work Act. The court found that the agreement met all statutory requirements and was consistent with the principles of good faith. It was concluded that the agreement was fair and efficient, providing adequate terms and conditions for the employees while also considering the operational needs of Nexans Australia. Consequently, the court approved the collective agreement, confirming its compliance with the necessary legal standards.

The final orders of the court were that the Nexans Forrestfield Site and United Workers Union 2024 Collective Agreement be approved and registered. The agreement was deemed to be in compliance with the Fair Work Act, and the terms set forth therein were recognised as valid and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established