Olex Australia Pty Ltd T/A Olex

[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.

Printed by authority of the Commonwealth Government Printer

Olex Australia Pty Ltd, trading as Olex, filed an application for approval of the Nexans (Lilydale) - Australian Manufacturing Workers Union & Electrical Trades Union Collective Agreement 2024-2027. The dispute arose as the parties sought to have the terms of their industrial agreement formally recognised and enforced. The matter was heard by the Fair Work Commission, which is tasked with overseeing the implementation of workplace laws in Australia.

The central legal issues before the Commission were whether the terms of the agreement complied with the Fair Work Act 2009 and whether the agreement met the requirements for approval. Specifically, the Commission needed to ensure that the agreement was made in good faith, provided for the protection of employees, and did not unfairly discriminate against any party. Additionally, the Commission examined whether the agreement adequately covered all necessary aspects of employment, such as pay rates, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and provided adequate protection for the employees. The terms of the agreement were deemed fair and reasonable, covering all necessary employment conditions. The Commission also noted that the agreement included provisions for dispute resolution and did not unfairly discriminate against any party. Therefore, the Commission approved the agreement, recognising it as a legally binding instrument between the parties.

The Fair Work Commission ordered the approval of the Nexans (Lilydale) - Australian Manufacturing Workers Union & Electrical Trades Union Collective Agreement 2024-2027, effective from the date of the decision. This approval ensures that the terms of the agreement are enforceable and that the parties are bound by its provisions. The decision reinforces the importance of collective bargaining in achieving fair and equitable outcomes for employees and employers alike.

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