DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Glass
(AG2017/1859)

O-I MELBOURNE - MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 8 JUNE 2017

Application for approval of the O-I Melbourne - Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the O-I Melbourne - Maintenance 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] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 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 case involved ACI Operations Pty Ltd, trading as O-I Glass, and its employees, represented by the Manufacturing and Energy Workers Union. The dispute arose in relation to the application for approval of the O-I Melbourne Maintenance Enterprise Agreement 2016. The application was brought before the Fair Work Commission, a federal statutory body with the authority to make binding decisions in relation to workplace relations matters in Australia. The primary issue before the Commission was whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act 2009, particularly in terms of ensuring that the agreement provides for the fair and efficient resolution of workplace issues and maintains minimum employment standards.

In considering the application, the Commission examined various aspects of the proposed agreement, including the provisions related to the classification of employees, the rates of pay, and the conditions of employment. The Commission also assessed whether the agreement provided for the fair and efficient resolution of workplace issues and maintained minimum employment standards. The Commission noted that while the proposed agreement provided for the classification of employees and the rates of pay, there were concerns regarding the adequacy of the provisions related to the conditions of employment, particularly in relation to the handling of shift work and the provision of paid meal breaks. However, the Commission ultimately determined that the proposed agreement met the requirements of the Act and approved the application for registration of the enterprise agreement.

The Fair Work Commission approved the O-I Melbourne Maintenance Enterprise Agreement 2016, subject to certain modifications to address the concerns raised regarding the conditions of employment. The modifications included the provision of additional paid meal breaks for employees working shift work and the clarification of the procedures for handling shift work rosters. The Commission determined that these modifications were necessary to ensure that the agreement provided for the fair and efficient resolution of workplace issues and maintained minimum employment standards. The approval of the enterprise agreement was an important step in ensuring that the parties could move forward with the implementation of the agreement and the resolution of any future workplace issues in accordance with the terms of the agreement.

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