DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Glass
(AG2017/2434)

O-I ADELAIDE ENTERPRISE AGREEMENT (MAINTENANCE) 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the O-I Adelaide Enterprise Agreement (Maintenance) 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] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover then. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 14 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, ACI Operations Pty Ltd trading as O-I Glass, sought approval of the O-I Adelaide Enterprise Agreement (Maintenance) 2016. The application was made to the Fair Work Commission. The applicants sought to have the agreement approved as a modern award under the Fair Work Act 2009. The nature of the dispute was the validity and terms of the proposed agreement, including whether it met the requirements for modern award status.

The legal issues before the court were whether the agreement was genuinely an enterprise agreement and whether it complied with the provisions of the Fair Work Act. This included consideration of whether the agreement covered all necessary matters and was negotiated in good faith. The court also needed to determine if the agreement provided for a safety net of minimum entitlements and if it met the procedural requirements for approval. The applicants argued that the agreement was fairly negotiated and met all statutory requirements, while the respondents argued it did not.

In delivering its decision, the commission found that the agreement was genuinely an enterprise agreement and was negotiated in good faith. It determined that the agreement covered all necessary matters and provided for a safety net of minimum entitlements. The commission was satisfied that the agreement met all procedural requirements for approval, including proper consultation and notification processes. Therefore, the application for approval was successful. The court granted the approval of the agreement as a modern award.

The final orders of the commission were that the O-I Adelaide Enterprise Agreement (Maintenance) 2016 be approved as a modern award under the Fair Work Act. This decision allowed the agreement to take effect from the date of approval and provided certainty for the parties involved. The commission's decision was based on the thorough examination of the evidence and the application of relevant legal principles.

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