DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Limited T/A Omya
(AG2018/4946)

OMYA AUSTRALIA PTY LIMITED - MOSS VALE - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2019

Application for approval of the Omya Australia Pty Limited - Moss Vale - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Omya Australia Pty Limited - Moss Vale - Enterprise 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 T/A Omya. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for this 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 24 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Omya Australia Pty Limited T/A Omya, the Fair Work Commission was called upon to consider the application for the approval of the Omya Australia Pty Limited Moss Vale Enterprise Agreement 2017. The application was brought by the employer, Omya Australia Pty Limited, and opposed by the Fair Work Ombudsman. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on provisions concerning pay rates, leave entitlements, and other employment conditions.

The central legal issues before the Commission involved whether the agreement contained all the mandatory terms as prescribed by the Fair Work Act, and whether it was fairly negotiated and not contrary to public policy. Specifically, the Commission examined the calculation of penalty rates, the application of shift loading provisions, and the overall fairness of the agreement in light of the Fair Work Act's objectives. The Fair Work Ombudsman raised concerns that certain provisions might not adequately protect employee rights and could lead to potential exploitation.

In delivering its decision, the Fair Work Commission assessed the agreement against statutory provisions and principles of good faith bargaining. The Commission found that while the agreement contained all the necessary mandatory terms, some of the provisions needed clarification to ensure they met the legislative requirements. The Commission made several amendments to the agreement to address these concerns, ensuring that the agreement complied with the Fair Work Act. Ultimately, the Commission approved the agreement with modifications, deeming it to be in the best interests of the employees and compliant with the relevant legislative framework.

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