Olex Australia Pty Ltd T/A Olex
[2024] FWCA 3941
•12 NOVEMBER 2024
| [2024] FWCA 3941 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Olex Australia Pty Ltd T/A Olex
(AG2024/3928)
NEXANS (LILYDALE) - AUSTRALIAN MANUFACTURING WORKERS UNION AND ELECTRICAL TRADES UNION COLLECTIVE AGREEMENT 2024 - 2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 12 NOVEMBER 2024 |
Application for approval of the Nexans (Lilydale) - Australian Manufacturing Workers Union & Electrical Trades Union Collective Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement to be known as the Nexans (Lilydale) - Australian Manufacturing Workers Union & Electrical Trades Union Collective Agreement 2024 - 2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Olex Australia Pty Ltd T/A Olex (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Undertakings
The Employer has provided written undertakings dated 12 November 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Australian Manufacturing Workers’ Union (AMWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these two organisations.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 31 July 2027.
DEPUTY PRESIDENT
ANNEXURE A
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009, and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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