ACI Operations Pty Ltd T/A O-I Glass

[2017] FWCA 2658

[2017] FWCA 2658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Glass
(AG2017/1569)

O-I BRISBANE (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2017

Application for approval of the O-I Brisbane (Maintenance Employees) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the O-I Brisbane (Maintenance Employees) Enterprise Agreement 2017 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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 them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisation/s.

[5] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 14 February 2019.

DEPUTY PRESIDENT

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Annexure A