Omya Australia Pty Limited

[2018] FWCA 4949

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Omya Australia Pty Limited

(AG2018/1570)

Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2017

Manufacturing and associated industries
Commissioner Johns	SYDNEY, 24 August 2018

Application for approval of the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Omya Australia Pty Limited. The Agreement is a single enterprise agreement.

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 Australian Workers’ Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omya Australia Pty Limited is a company engaged in the production of industrial minerals and the applicant in this case, seeking approval for the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2017. The respondents, representing employees of the Geelong Plant, contested the application on various grounds, including procedural fairness and the adequacy of the agreement in meeting the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, which holds the jurisdiction to assess and approve enterprise bargaining agreements under the Act.

The primary legal issues before the Commission involved whether the process of developing and finalising the enterprise agreement was conducted in accordance with procedural fairness and the requirements of the Fair Work Act. This included scrutiny of the bargaining process, the extent of employee participation, and the fairness of the terms and conditions proposed in the agreement. Additionally, the Commission had to determine whether the agreement met the criteria for approval, including whether it provided for the resolution of employees' terms and conditions of employment.

The Fair Work Commission determined that the bargaining process, while not perfect, was generally fair and met the procedural requirements set forth in the Act. The Commission found that, despite some issues with communication and participation, the majority of employees had an opportunity to be involved in the bargaining process. In terms of the substantive fairness of the agreement, the Commission assessed the provisions against the mandated criteria, concluding that the agreement was sufficiently comprehensive and fair in addressing the employees' terms and conditions of employment. Consequently, the Commission approved the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2017, finding it compliant with the legislative standards.

The Fair Work Commission's final orders included the approval of the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2017, effective from 1 April 2017. The Commission highlighted the importance of continuous improvement in the bargaining process to better engage employees and ensure their rights are fully protected. This decision underscores the Commission's role in balancing the interests of employers and employees while ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established