ACI Operations Pty Ltd T/A O-I Glass

[2018] FWCA 800

[2018] FWCA 800

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ACI Operations Pty Ltd T/A O-I Glass

(AG2017/5644)

O-I Sydney (Glassworkers) Enterprise Agreement 2016

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 6 FEBRUARY 2018

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

1. An application has been made for approval of an enterprise agreement known as the O-I Sydney (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.

1. 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.

1. 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.

1. 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.

1. The Agreement was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A