Olex Australia Pty Ltd Summary

[2022] FWCA 1781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Olex Australia Pty Ltd

(AG2022/1484)

Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2022

Application for approval of the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2022

Olex Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 31 May 2022 and, in accordance with s 54, will operate from 7 June 2022. The nominal expiry date of the Agreement is 5 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2022. The applicant was Olex Australia Pty Ltd, and the respondent was the Transport Workers Union of Australia. The dispute arose from negotiations for a new enterprise agreement, and the parties sought the Commission's approval to formalise the terms of employment for the warehouse employees.

The primary legal issues for the Commission to decide were whether the agreement was made in good faith, whether it contained the minimum terms and conditions as required by the Fair Work Act, and whether it complied with the procedural requirements set out in the legislation. Additionally, the Commission had to consider whether the agreement provided fair and reasonable outcomes for both the employees and the employer.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also determined that the agreement complied with the procedural requirements and provided fair and reasonable outcomes for both the employees and the employer. Consequently, the Commission approved the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2022.

The Fair Work Commission approved the Nexans Olex Geebung Warehouse Employees Enterprise Agreement 2022. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and provide fair and reasonable outcomes for both employers and employees. This case serves as a useful reminder for parties involved in enterprise bargaining to carefully consider the legal obligations and ensure compliance with the Fair Work Act.

Olex Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established