austlii:cth/FWCA/2026/688
General information, not legal advice.
FWCA
2026-03-19
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Essilor Australia Pty Ltd Trading AS Essilor Australia
ESSILOR AUSTRALIA (VICTORIA LABORATORY) ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2025 - 2028
[1] Essilor Australia Pty Ltd (ABN: 96 002 659 458) has applied for approval of an enterprise agreement known as the Essilor Australia (Victoria Laboratory) Enterprise Agreement 2025 - 2028 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] Clause 5.1 of the Agreement gives precedence to the National Employment Standards and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Employer has provided written undertakings. 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] The agreement's delegates rights term in clause 34 is less favourable than the term in the award. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 40A of the Manufacturing and Associated Industries Award is taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 March 2026.
[8] In accordance with clause 4.2, the nominal expiry date of the Agreement is 19 March 2029.
Printed by authority of the Commonwealth Government Printer