DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Omya (Australia) Pty Ltd
(AG2014/10798)

OMYA (AUSTRALIA) PTY. LIMITED - MOSS VALE - ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 JANUARY 2015

Application for approval of the Omya (Australia) Pty. Ltd - Moss Vale - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Omya (Australia) Pty. Ltd - Moss Vale - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, 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. In accordance with s.54(1) it will operate from 19 January 2015. The nominal expiry date of the Agreement is 24 September 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Omya (Australia) Pty Ltd, applied to the Fair Work Commission for approval of the Omya (Australia) Pty Ltd - Moss Vale - Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for workers at the Moss Vale facility. The Fair Work Commission heard the application, considering the implications of the proposed agreement on the employees' rights and entitlements.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the "better off overall test" and whether it contained all the mandated terms and conditions as per the Act. The Commission also needed to determine if the agreement had been genuinely negotiated and if it provided for proper employee representation.

In its decision, the Commission noted that the agreement had been negotiated in good faith and included all the mandated terms and conditions. The Commission found that the agreement provided for a fair and reasonable set of terms that met the better off overall test. The agreement also ensured that employees were appropriately represented, and their rights and entitlements were adequately protected. Therefore, the Commission approved the enterprise agreement, finding it compliant with the statutory requirements.

The Fair Work Commission approved the Omya (Australia) Pty Ltd - Moss Vale - Enterprise Agreement 2014, affirming its compliance with the Fair Work Act 2009. The Commission found that the agreement had been negotiated in good faith, met the better off overall test, and provided for proper employee representation and protection of their rights and entitlements.

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