DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Ltd
(AG2016/7327)

OMYA (AUSTRALIA) PTY LIMITED - BATHURST - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2016 (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] The Applicant 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. 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.

[4] 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.

[5] 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.

[6] The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[7] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 25 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Omya Australia Pty Ltd, the applicant, sought approval of the Omya (Australia) Pty Limited - Bathurst - Enterprise Agreement 2016 from the Fair Work Commission. The dispute involved whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was required to consider whether the agreement met the criteria for registration, including whether it contained only matters that were bargainable, and whether it had been made in good faith and without coercion.

The Commission examined the provisions of the agreement, the bargaining process, and the context in which the agreement was made. It considered whether the agreement contained only matters that were genuinely the subject of a bona fide dispute between the parties and whether it was made without coercion. The Commission also assessed whether the agreement provided for the resolution of any future disputes and whether it contained appropriate dispute resolution mechanisms. The Commission found that the agreement met the statutory requirements and was in the best interests of the employees and the employer.

The Commission approved the agreement, finding it to be a genuine enterprise agreement that complied with the relevant legislation. The Commission noted that the agreement had been made in good faith and without coercion, and that it contained appropriate dispute resolution mechanisms. The Commission also found that the agreement provided for the resolution of any future disputes and that it was in the best interests of the employees and the employer. The approval of the agreement was based on the evidence presented and the Commission's assessment of the agreement's compliance with the relevant legislation.

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