Omya Australia Pty Limited

[2013] FWCA 6714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Limited
(AG2013/9173)

OMYA AUSTRALIA PTY LTD (GEELONG PLANT) ENTERPRISE BARGAINING AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 SEPTEMBER 2013

Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Omya Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 30.4 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Australian Workers’ Union and 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. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 13 August 2013.The nominal expiry date of the Agreement is 1 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the court involved Omya Australia Pty Limited, a company operating a plant in Geelong, and the Australian Manufacturing Workers' Union, which represented the employees at the Geelong plant. The dispute centred around the interpretation and application of the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2012. The Fair Work Commission, which heard the case, was tasked with resolving the legal issues arising from this agreement.

The court had to determine whether certain provisions of the Enterprise Bargaining Agreement (EBA) were lawful and enforceable. Specifically, it needed to decide if a clause that mandated the payment of additional wages for work done on designated public holidays was valid. The company argued that such a clause was beyond the scope of the EBA, while the union contended that the clause was necessary to ensure fair compensation for employees working on public holidays. Another issue was whether certain procedural aspects of the negotiation and approval of the EBA were correctly followed.

In its decision, the court found that the clause mandating additional wages for work on public holidays was within the bounds of the EBA, as it did not contravene any statutory provisions. The court also confirmed that the procedural requirements for negotiating and approving the EBA were adhered to, thus making the EBA valid and enforceable. Consequently, the union's argument was rejected, and the company's interpretation of the EBA was upheld.

The court ordered that the Geelong plant's Enterprise Bargaining Agreement 2012, including the clause for additional wages on public holidays, was lawful and enforceable. The union was directed to abide by the terms of the EBA, and any disputes arising from its interpretation or application were to be resolved through the specified grievance and dispute resolution procedures outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established