DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd T/A Nexans Olex
(AG2019/1737)

NEXANS OLEX GEEBUNG WAREHOUSE EMPLOYEES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 JULY 2019

Application for approval of the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2019 (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 T/A Nexans Olex. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] I observe that clause 20.2 is likely to be inconsistent with the National Employment Standards (NES).

[6] However, noting clause 6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 8 July 2019 and, in accordance with s.54, will operate from 15 July 2019. The nominal expiry date of the Agreement is 5 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Olex Australia Pty Ltd, trading as Nexans Olex, applied for approval of the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2019 before the Fair Work Commission. The dispute centred around the application's compliance with the Fair Work Act 2009, particularly regarding the provisions concerning employee entitlements and procedural fairness.

The primary legal issues the court had to address were whether the agreement met the requirements for procedural fairness under the Fair Work Act and if it adequately covered the necessary terms and conditions of employment. Specifically, the court examined whether the negotiation process was fair and if the agreement's provisions were consistent with the legislative standards.

The Fair Work Commission found that the negotiation process was fair, as there was evidence of good faith bargaining and the employees had been adequately informed about the proposed changes. The court also determined that the agreement met the statutory requirements for procedural fairness and contained the necessary terms and conditions as stipulated by the Fair Work Act. Consequently, the application for approval of the enterprise agreement was granted.

The Commission's final order was that the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision.

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