DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Glass
(AG2018/1035)

O-I ADELAIDE (GLASSWORKERS) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 1 JUNE 2018

Application for approval of the O-I Adelaide (Glassworkers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the O-I Adelaide (Glassworkers) 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 ACI Operations Pty Ltd T/A O-I Glass. 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 14 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the applicant, ACI Operations Pty Ltd trading as O-I Glass, seeking approval for the O-I Adelaide (Glassworkers) Enterprise Agreement 2016. The application was heard in the Fair Work Commission, with the decision rendered by Deputy President M. A. O'Callaghan. The dispute centred around whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, specifically in relation to the provisions for casual employees.

The legal issues before the court were whether the enterprise agreement adequately covered all employees of the company, including casuals, and whether the provisions for casual employees were fair and reasonable. The applicant argued that the agreement appropriately addressed the terms and conditions for all employees, including casuals, and that the casual provisions were just and equitable. The respondent, however, contended that the agreement did not sufficiently cater to the needs of casual employees and was thus not compliant with the Act.

The court examined the structure and content of the enterprise agreement, focusing on the provisions for casual employees. It considered the requirements for casual loading and the definition of casual employees. The court found that the agreement was comprehensive in its coverage of all employees and that the provisions for casual employees were fair and reasonable. It was determined that the agreement met the legislative criteria and was therefore approved. The decision was grounded in the principle that the agreement should ensure fair and equitable treatment of all employees while also reflecting the realities of the employment relationship.

The Fair Work Commission granted the application, approving the O-I Adelaide (Glassworkers) Enterprise Agreement 2016. The court's decision was based on the finding that the agreement satisfied all statutory requirements and provided fair and reasonable terms for all employees, including casuals. This decision ensures that the enterprise agreement can be implemented, providing a stable framework for employment terms within the company.

ACI Operations Pty Ltd T/A O-I Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established