Omya (Australia) Pty Limited
[2022] FWCA 1480
•2 MAY 2022
| [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
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Annexure A
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