DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd t/a Nexans Olex
(AG2019/848)

OLEX AUSTRALIA VICTORIAN (LILYDALE & TOTTENHAM SITES) AND NATIONAL UNION OF WORKERS 2019 COLLECTIVE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2019

Application for approval of the Olex Australia Victorian (Lilydale & Tottenham Sites) and National Union of Workers 2019 Collective Agreement

[1] Olex Australia Pty Ltd t/a Nexans Olex has made an application for approval of an enterprise agreement known as the Olex Australia Victorian (Lilydale & Tottenham Sites) and National Union of Workers 2019 Collective Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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 National Union of Workers, 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 June 2019 and, in accordance with s 54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olex Australia Pty Ltd, trading as Nexans Olex, applied for approval of the Olex Australia Victorian (Lilydale & Tottenham Sites) and National Union of Workers 2019 Collective Agreement. The applicant sought approval from the Fair Work Commission. The National Union of Workers opposed the application, contending that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine whether the agreement complied with the statutory requirements, including whether it facilitated the improvement of workplace relations, provided for a fair and efficient way of determining employees' terms and conditions of employment, and whether it contained appropriate dispute resolution mechanisms. The court also had to consider the fairness of the agreement, including its impact on employees' rights and obligations.

The Fair Work Commission held that the agreement did not meet the statutory requirements for approval. The Commission found that the agreement did not provide for an appropriate dispute resolution mechanism, and that it contained provisions that were not consistent with the overarching purpose of the Fair Work Act. The Commission also found that the agreement did not adequately protect employees' rights and obligations, and that it was not fair and efficient. The Commission ultimately rejected the application for approval of the collective agreement.

The Fair Work Commission's decision provides guidance on the requirements for approval of collective agreements under the Fair Work Act. The decision highlights the importance of ensuring that collective agreements contain appropriate dispute resolution mechanisms, and that they are fair and efficient. The decision also underscores the need for collective agreements to adequately protect employees' rights and obligations.

Olex Australia Pty Ltd t/a Nexans Olex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established