DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Limited
(AG2015/5149)

OMYA AUSTRALIA PTY LTD (GEELONG PLANT) ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2015 (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.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union and the 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 1 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omya Australia Pty Limited sought approval of its Geelong Plant Enterprise Bargaining Agreement 2015, which had been negotiated with the relevant trade unions. The Fair Work Commission was asked to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The unions representing the employees challenged the agreement on several grounds, including that it did not provide adequate protections for employees and that it contained terms that were contrary to public policy.

The legal issues before the Commission included whether the agreement contained terms that were contrary to public policy, whether the agreement provided adequate protections for employees, and whether the agreement had been made in good faith and without coercion. The Commission examined the provisions of the agreement and considered the evidence and arguments presented by both parties.

The Commission found that the agreement did not contain any terms that were contrary to public policy and that the agreement provided adequate protections for employees. The Commission also found that the agreement had been made in good faith and without coercion. The Commission approved the Geelong Plant Enterprise Bargaining Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Commission made orders approving the agreement with modifications, including a requirement that Omya provide additional training and support to employees to ensure compliance with workplace health and safety laws. The Commission also made orders that the agreement be registered with the Fair Work Commission and that it be notified to relevant parties. The decision provides guidance on the requirements for approving enterprise bargaining agreements and the role of the Fair Work Commission in ensuring that agreements are fair and reasonable.

Omya Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established