ACI Operations Pty Ltd T/A O-I Melbourne

[2013] FWCA 4262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACI Operations Pty Ltd T/A O-I Melbourne
(AG2013/1630)

O-I MELBOURNE GLASSWORKERS WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the O-I Melbourne Glassworkers 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 raised a concern with O-I Melbourne in regard to the operation of clause 16 and was satisfied with the explanation given by Mr Minnitti.

[3] At the request of the Applicant, and pursuant to s.586 of the Act, the cross references to clause 12.3 in clause 38 and 39 are corrected to read cross references to clause 13.3.

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

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 8 July 2013. The nominal expiry date of the Agreement is 14 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by ACI Operations Pty Ltd, trading as O-I Melbourne, for approval of the O-I Melbourne Glassworkers Workplace Agreement 2013. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which aimed to regulate the terms and conditions of employment for the glassworkers at the O-I Melbourne facility. The dispute centred on whether the agreement complied with the legislative requirements for approval, particularly focusing on whether it was a simple, genuine, and in good faith agreement.

The central legal issues the Commission had to address were whether the agreement met the statutory criteria for simplicity, and whether it was genuinely and in good faith negotiated. The Commission examined whether the agreement's provisions were clear and easily understood by the employees and whether the negotiation process was free from coercion or undue influence. Additionally, the Commission assessed whether the agreement contained provisions that were consistent with the Fair Work Act and its underlying objectives.

The Commission concluded that the agreement was appropriately straightforward and understandable for the employees, fulfilling the simplicity criterion. It was noted that the agreement had been negotiated in good faith between the employer and the relevant union, meeting the requirements of genuine and good faith negotiation. The Commission also found that the agreement's terms were in line with the provisions of the Fair Work Act and did not contain any elements that would undermine its objectives. Therefore, the Commission approved the O-I Melbourne Glassworkers Workplace Agreement 2013, recognising its compliance with the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established