[2015] FWCA 8783

The attached document replaces the document previously issued with the above code on 21 December 2015.

This is to rectify paragraph numbering.

Leanne Weeding

Relief Associate to Commissioner Roe

Dated 22 December 2015

[2015] FWCA 8783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd T/A Olex
(AG2015/7622)

OLEX FORRESTFIELD SITE - NATIONAL UNION OF WORKERS 2015 COLLECTIVE AGREEMENT

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Olex Forrestfield Site - National Union of Workers 2015 Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Olex Forrestfield Site - National Union of Workers 2015 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015 The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olex Australia Pty Ltd, trading as Olex, applied for approval of the Olex Forrestfield Site - National Union of Workers 2015 Collective Agreement in the Fair Work Commission. The National Union of Workers contested the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009.

The central legal issues revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act. These included whether the agreement provided for minimum terms and conditions of employment, and whether it contained provisions that were contrary to public policy or that failed to meet the standards set out in the Act. The court also had to consider whether the agreement was made in good faith and whether it had been properly negotiated.

The Commission found that the agreement met the requirements of the Act. It held that the agreement contained all the necessary minimum terms and conditions, and that it did not contravene any public policy or statutory standards. The Commission also determined that the agreement had been made in good faith and was the product of proper negotiation between the parties. Accordingly, the application for approval of the agreement was successful.

The Fair Work Commission approved the Olex Forrestfield Site - National Union of Workers 2015 Collective Agreement, finding that it complied with the Fair Work Act. The Commission's decision was based on its assessment that the agreement contained all necessary minimum terms and conditions, did not contravene any public policy or statutory standards, and had been made in good faith through proper negotiation. The approval of the agreement now allows it to be registered and enforced under the Act.

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