Olex Australia Pty Ltd T/A Nexans Olex Summary

[2014] FWCA 6740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd T/A Nexans Olex
(AG2014/8908)

OLEX WETHERILL PARK WAREHOUSE DISTRIBUTION AND AUSTRALIAN WORKERS UNION, COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Olex Wetherill Park Warehouse Distribution and Australian Workers Union, Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Olex Wetherill Park Warehouse Distribution and Australian Workers Union, Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Olex Australia Pty Ltd T/A Nexans Olex. The agreement is a single-enterprise agreement.

[2] An undertaking has been given by the Applicant and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] There is no consultation term in the Agreement. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 1 October 2014. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission, Olex Australia Pty Ltd, trading as Nexans Olex, applied to the Fair Work Commission for approval of a new enterprise agreement, known as the Olex Wetherill Park Warehouse Distribution and Australian Workers Union, Collective Agreement 2014. The application arose from negotiations between Olex Australia Pty Ltd and the Australian Workers Union, which sought to formalise terms and conditions of employment for certain employees in the warehousing and distribution sectors.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically concerning the terms and conditions that could be included in an enterprise agreement. This involved an assessment of the agreement’s conformity with the requirements for fair and reasonable terms, as well as the procedural fairness of the negotiation process. The Commission also had to consider any potential impacts on employees' rights and protections under the Act.

The Commission examined the proposed agreement in detail, taking into account submissions from both parties and relevant legislative provisions. It was noted that the agreement contained provisions for wages, hours of work, and other employment conditions, which were found to be fair and reasonable. The Commission concluded that the negotiation process was procedurally fair and that the agreement did not contravene any provisions of the Fair Work Act. Consequently, the application for approval was upheld, and the agreement was certified as a new enterprise agreement under the Act.

In light of the findings, the Fair Work Commission approved the Olex Wetherill Park Warehouse Distribution and Australian Workers Union, Collective Agreement 2014, effective from the date of the decision. This approval legally binds the parties and sets the terms and conditions of employment for the relevant employees as stipulated in the agreement.

Olex Australia Pty Ltd T/A Nexans Olex

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established