ACI Operations Pty Ltd T/A O-I Glass Summary

[2017] FWCA 2017

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Glass

(AG2017/1102)

O-I Brisbane (Glassworkers) Enterprise Agreement 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 APRIL 2017

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

On 3 April 2017, ACI Operations Pty Ltd T/A O-I Glass (Applicant) made an application for approval of the O-I Brisbane (Glassworkers) Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ACI Operations Pty Ltd, trading as O-I Glass, sought approval of the O-I Brisbane (Glassworkers) Enterprise Agreement 2016, which was to be applied to employees in the glass manufacturing industry. The application was brought before the Fair Work Commission (FWC) in accordance with the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the requirements of the Act and whether it was made in good faith and without coercion.

The primary legal issues that the FWC had to address were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it complied with the statutory minimum standards. Specifically, the FWC had to consider whether the agreement was appropriately made to cover the relevant employees and whether it contained all the mandatory terms and conditions as required by the Fair Work Act.

In its decision, the FWC examined the process through which the agreement was negotiated and concluded that it was indeed a genuine enterprise agreement. The FWC found that the agreement had been made in good faith and without coercion, noting the extensive consultation process and the fact that the agreement was supported by the majority of the employees. The FWC also confirmed that the agreement met all the statutory requirements and contained the necessary minimum terms and conditions. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was that the O-I Brisbane (Glassworkers) Enterprise Agreement 2016 be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the FWC's decision and would govern the employment conditions of the relevant employees.

ACI Operations Pty Ltd T/A O-I Glass

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established