DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Ltd
(AG2020/1058)

OMYA AUSTRALIA PTY LTD (GEELONG PLANT) ENTERPRISE BARGAINING AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 MAY 2020

Application for approval of the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2019 (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 Ltd. 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.

[3] The Agreement lodged contained an error in clause 2. On 8 May 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 11 May 2020 and, in accordance with s.54, will operate from 18 May 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omya Australia Pty Ltd is the applicant seeking approval for the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2019. The Fair Work Commission is the respondent, tasked with determining whether the agreement meets the legal standards for approval. The primary dispute revolves around the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically concerning the fairness and efficacy of the proposed enterprise bargaining agreement. The Commission was required to assess whether the agreement was genuinely negotiated, free from coercion and undue influence, and whether it included terms that were fair and reasonable for the parties involved.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it was free from coercion and undue influence, and whether it met the criteria for being fair and reasonable. The Commission had to examine the process by which the agreement was negotiated and whether it adhered to the legal requirements. Additionally, the Commission assessed whether the terms of the agreement were fair and reasonable for both the employer and the employees, considering the economic and social context. The applicant had to demonstrate that the agreement was not only negotiated in good faith but also reflected a fair outcome for all parties involved.

The Fair Work Commission found that the agreement was genuinely negotiated and free from coercion and undue influence. The Commission noted that the negotiation process was transparent and that both parties had the opportunity to participate fully. The Commission also found that the terms of the agreement were fair and reasonable, considering the economic and social context. The agreement included provisions for wages, hours of work, and other employment conditions that were deemed to be equitable. The Commission concluded that the agreement met all the legal requirements for approval and did not identify any significant issues that would preclude its approval. Consequently, the Commission approved the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2019.

Omya Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established