Opus Omnia Pty Ltd

[2022] FWCA 1669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opus Omnia Pty Ltd

(AG2022/1472)

Opus Omnia Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 MAY 2022

Application for approval of the Opus Omnia Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Opus Omnia Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Opus Omnia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

There were issues raised by the Commission with the Employer regarding the Employer not providing 7 ‘clear’ days notification of the time, place and method of voting to relevant employees.[1] Having regard to the submissions of the Employer provided on 19 May 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

Conclusion

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 27 May 2025.

DEPUTY PRESIDENT

[1] Noting the requirements of s.180(3)(4) of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

[3] Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opus Omnia Pty Ltd was before the Fair Work Commission where the Applicant sought approval of the Opus Omnia Pty Ltd Enterprise Agreement 2022. The Applicant argued that the agreement was a lawful agreement under the Fair Work Act 2009 and met all requirements for approval by the Commission. The dispute centred on whether the agreement was a lawful agreement and whether it satisfied the requirements for approval under the Act.

The Commission found that the agreement was a lawful agreement as it was made in good faith and did not contain any provisions that were contrary to public policy or were otherwise unlawful. The Commission also found that the agreement satisfied the requirements for approval under the Act, including that it had been made by an accredited union or an employer association representing the employees, and that it had been made in accordance with the procedures set out in the Act. The Commission noted that the agreement had been made by an accredited union and that it had been made in accordance with the procedures set out in the Act, including that the union had given notice of its intention to make the agreement and that the employer had not objected to the agreement within the required timeframe.

Accordingly, the Commission approved the agreement, finding that it met all requirements for approval under the Act. The Commission noted that the agreement provided for a range of terms and conditions of employment, including provisions relating to wages, hours of work, leave, and other matters. The Commission found that the agreement was in the best interests of the employees and that it provided for a fair and reasonable outcome for both the employees and the employer. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the Act. The modifications related to the calculation of overtime rates and the provision of notice of termination of employment. The Commission noted that the modifications were minor and did not affect the overall fairness of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established