DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Melbourne
(AG2017/2024)

O-I MELBOURNE (GLASSWORKERS) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JULY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the O-I Melbourne (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 Melbourne. 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 July 2017 and, in accordance with s.54, will operate from 28 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by ACI Operations Pty Ltd, trading as O-I Melbourne, to the Fair Work Commission for approval of the O-I Melbourne (Glassworkers) Enterprise Agreement 2016. The applicant sought the approval under section 233 of the Fair Work Act 2009. The dispute arose because of disagreements between the parties regarding the terms and conditions of employment of the glassworkers.

The central legal issues before the court were whether the enterprise agreement met the statutory requirements for approval and if it was made in good faith. The applicant argued that the agreement was made in good faith and contained all necessary terms and conditions as per the legislative requirements. The applicant also submitted that the agreement was fair and reasonable, taking into account the economic circumstances of the parties and the industry. The respondent raised concerns about the fairness of certain provisions, particularly those relating to wages and other employment conditions.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all necessary terms and conditions as required by the legislation. The Commission considered that the agreement was fair and reasonable, taking into account the economic circumstances of the parties and the industry. The Commission also found that the agreement did not unfairly discriminate against any employee or group of employees. Therefore, the Commission approved the enterprise agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the O-I Melbourne (Glassworkers) Enterprise Agreement 2016, confirming its compliance with the relevant legislative requirements and its fairness in the context of the parties' economic circumstances and the industry.

ACI Operations Pty Ltd T/A O-I Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established