DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd t/a Olex
(AG2016/2748)

OLEX AUSTRALIA VICTORIAN (LILYDALE AND TOTTENHAM) SITES - NATIONAL UNION OF WORKERS 2016 COLLECTIVE AGREEMENT

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Olex Australia Victorian (Lilydale and Tottenham) Sites - National Union of Workers 2016 Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Olex Australia Victorian (Lilydale and Tottenham) Sites - National Union of Workers 2016 Collective Agreement (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 Olex. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The dispute was between Olex Australia Pty Ltd, trading as Olex, and the National Union of Workers. The case involved an application for the approval of the Olex Australia Victorian (Lilydale and Tottenham) Sites - National Union of Workers 2016 Collective Agreement, which was to be assessed under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the terms of the collective agreement were fair and reasonable, and whether they complied with the statutory requirements set out in the Fair Work Act. The court had to consider various aspects, including the negotiation process, the content of the agreement, and whether it met the standards of good faith bargaining. The court also had to determine whether the agreement was consistent with the broader objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relationships.

In its decision, the court examined the evidence provided by both parties and the terms of the agreement in detail. The court found that the agreement was the product of genuine and genuine negotiations between the parties. The terms of the agreement were considered to be fair and reasonable, and they complied with the statutory requirements of the Act. The court concluded that the agreement did not contain any terms that were contrary to the public interest or that would undermine the broader objectives of the Fair Work Act.

The Fair Work Commission approved the Olex Australia Victorian (Lilydale and Tottenham) Sites - National Union of Workers 2016 Collective Agreement. The court ordered that the agreement be registered and that it would have effect as a registered agreement from the date of the decision.

Olex Australia Pty Ltd t/a Olex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established