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

[2013] FWCA 4559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Melbourne
(AG2013/1692)

O-I MELBOURNE - MAINTENANCE WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 JULY 2013

Application for approval of the O-I Melbourne - Maintenance Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the O-I Melbourne - Maintenance Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by ACI Operations Pty Ltd T/A O-I Melbourne. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 16 July 2013.The nominal expiry date of the Agreement is 14 February 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the case of ACI Operations Pty Ltd T/A O-I Melbourne, the Fair Work Commission was called upon to approve the O-I Melbourne - Maintenance Workplace Agreement 2013. The dispute arose between the employer and the union, Australian Manufacturing Workers Union, concerning the terms of the proposed agreement which sought to alter the existing employment conditions for maintenance workers at the O-I Melbourne site. The legal issues before the commission were primarily focused on whether the proposed agreement was fair and reasonable, and whether it complied with the requirements set out in the Fair Work Act 2009. Additionally, the commission needed to consider the implications of the proposed changes on the employees' work conditions, including any potential disadvantages they might face.

The commission thoroughly examined the proposed terms of the agreement, particularly those concerning wage rates, allowances, and working conditions. The union argued that the proposed changes were unfair and would result in significant disadvantages for the employees. The employer, on the other hand, contended that the changes were necessary to remain competitive and to ensure the continued operation of the site. The commission carefully weighed the arguments from both parties, considering the economic and operational context of the workplace. After assessing the evidence and submissions, the commission determined that the proposed agreement was fair and reasonable, and thus approved the O-I Melbourne - Maintenance Workplace Agreement 2013. The commission concluded that the agreement did not disadvantage the employees to a significant degree and was in line with the statutory requirements.

The commission's decision was grounded in the balance of fairness and practicality, ensuring that the changes would not unduly burden the employees while allowing the employer to manage its operations effectively. The final orders included the approval of the agreement, effective from the date of the decision, with the understanding that any disputes arising from the agreement would be subject to the Fair Work Act's dispute resolution processes.

ACI Operations Pty Ltd T/A O-I Melbourne

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established