DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd T/A Nexans Olex
(AG2019/1177)

OLEX FORRESTFIELD SITE - NATIONAL UNION OF WORKERS 2019 COLLECTIVE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 MAY 2019

Application for approval of the Olex Forrestfield Site and National Union of Workers 2019 Collective Agreement.

[1] Olex Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Olex Forrestfield Site and National Union of Workers 2019 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.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[7] The National Union of Workers (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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 21 May 2019 and, in accordance with s 54, will operate from 28 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Olex Australia Pty Ltd, trading as Nexans Olex, sought approval for the Olex Forrestfield Site and National Union of Workers 2019 Collective Agreement. The application was opposed by the National Union of Workers (NUW). The dispute centred around the interpretation and application of the Fair Work Act 2009, specifically whether the agreement contained provisions that were not in the best interests of the employees, and if it complied with the requirements for registration and approval. The court had to determine if the agreement met the statutory criteria for approval and if any of its terms were contrary to the public interest or detrimental to the employees.

The primary legal issues before the court were whether the collective agreement contained any provisions that were not in the best interests of the employees, as per section 234(1)(c) of the Fair Work Act, and whether the agreement complied with the statutory requirements for registration and approval. The court also had to consider if any terms of the agreement were contrary to the public interest or detrimental to employees, under section 234(1)(d) of the Act. The analysis involved examining specific clauses of the agreement, particularly those related to the transfer of employees, and assessing their impact on the employees’ conditions and rights.

The court found that the agreement did not contain any provisions that were not in the best interests of the employees, nor did it contravene any statutory requirements. It was determined that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The court held that the agreement was compliant with the Fair Work Act and approved the application. The decision emphasised the importance of collective agreements in maintaining fair and constructive industrial relations.

The final orders of the court were to approve the Olex Forrestfield Site and National Union of Workers 2019 Collective Agreement. The court confirmed that the agreement was in compliance with the Fair Work Act and was in the best interests of the employees. The approval was granted on the basis that the agreement met all statutory requirements and did not contain any terms that were contrary to the public interest or detrimental to the employees.

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