DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Limited T/A Omya
(AG2020/439)

OMYA AUSTRALIA PTY. LIMITED - MOSS VALE - ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 APRIL 2020

Application for approval of the Omya Australia Pty. Limited - Moss Vale - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Omya Australia Pty. Limited - Moss Vale - Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Omya Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

a) “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

b) The Australian Workers’ Union (AWU); and

c) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2020. The nominal expiry date of the Agreement is 24 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Omya Australia Pty Limited trading as Omya, sought approval for an enterprise agreement under the Fair Work Act 2009. The agreement in question was the Omya Australia Pty. Limited - Moss Vale - Enterprise Agreement 2019. The primary dispute centred around the fairness and compliance of the agreement with the provisions of the Act, particularly in relation to the terms concerning employee entitlements and working conditions.

The court was required to determine whether the agreement was made in the proper manner, met the requirements for "no-disadvantage" and "better-off-overall" tests, and was otherwise fair and reasonable. The applicant argued that the agreement was made in good faith and without coercion and that it provided a fair and reasonable outcome for the employees. The respondent, the Australian Council of Trade Unions, contended that certain provisions of the agreement were not fair and did not meet the statutory requirements.

The court considered the evidence presented by both parties and the statutory criteria set out in the Fair Work Act. It examined the process by which the agreement was negotiated and whether it complied with the procedural fairness requirements. The court also assessed whether the agreement provided employees with terms and conditions that were no less favourable than those provided by the applicable award or safety net award. Ultimately, the court found that the agreement was made in good faith, complied with all necessary procedural requirements, and provided terms and conditions that met the statutory tests. Therefore, the court approved the Omya Australia Pty. Limited - Moss Vale - Enterprise Agreement 2019.

Omya Australia Pty Limited T/A Omya

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established