Omya (Australia) Pty Limited

[2022] FWCA 1480

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Omya (Australia) Pty Limited

(AG2022/1065)

Omya (australia) pty limited - bathurSt - enterprise agreement 2020

Manufacturing and associated industries
Commissioner Matheson	SYDNEY, 2 MAY 2022

Application for approval of the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2020 (Agreement). The application was made by Omya (Australia) Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

The Applicant, as the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Workers’ Union, 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2022. The nominal expiry date of the Agreement is 17 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Omya (Australia) Pty Limited, the applicant, sought the approval of the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2020. The Fair Work Commission, acting as the court, was required to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and was free from any prohibited content, while the respondent contested the agreement on the basis that it did not meet the statutory requirements for approval.

The court was required to consider whether the agreement had been made in good faith and was free from prohibited content. In determining whether the agreement was made in good faith, the court considered the conduct of the parties during the negotiation process. The court also examined whether the agreement contained any provisions that were contrary to the public interest or prohibited by the Fair Work Act 2009. The court found that the agreement had been made in good faith and was free from prohibited content.

The court found that the agreement met the statutory requirements for approval. The court noted that the agreement contained provisions that were in the best interests of the employees and the employer, and that the agreement had been made without any undue influence or coercion. The court also found that the agreement did not contain any provisions that were contrary to the public interest or prohibited by the Fair Work Act 2009.

The court approved the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2020. The court noted that the agreement provided for a fair and reasonable resolution of the employment relationship between the parties and was in the best interests of both the employees and the employer. The court also noted that the agreement provided for a transparent and accountable process for the resolution of any future disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established