ACI Operations Pty Ltd T/A O-I Melbourne

[2013] FWCA 3213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ACI Operations Pty Ltd T/A O-I Melbourne
(AG2013/1155)

O-I BRISBANE GLASSWORKERS WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the O-I Brisbane Glassworkers Workplace Agreement 2013 (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 (trading as O-I Melbourne. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 30 May 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 court involved ACI Operations Pty Ltd, trading as O-I Melbourne, which applied for the approval of the O-I Brisbane Glassworkers Workplace Agreement 2013. The applicant sought to have the agreement certified as a simplified procedure agreement under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the statutory requirements for approval and if it appropriately balanced the interests of both employers and employees.

The primary legal issue before the court was to determine if the proposed workplace agreement fulfilled the criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made genuinely and voluntarily, was in writing, and contained the necessary minimum terms and conditions. Additionally, the court had to consider if the agreement was consistent with the provisions of the Act and if it provided for fair and reasonable terms and conditions of employment.

The court examined the evidence and submissions provided by both parties, focusing on the procedural aspects of the agreement's creation and its substantive content. It was established that the agreement had been negotiated between the employer and the relevant union and that the process had been conducted fairly and transparently. The court found that the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act and did not contravene any provisions of the Act. The terms and conditions were deemed to be fair and reasonable, taking into account the interests of both the employer and the employees.

Following its analysis, the court approved the O-I Brisbane Glassworkers Workplace Agreement 2013. The decision was based on the conclusion that the agreement satisfied all the necessary legal requirements for approval and provided for fair and reasonable terms and conditions of employment. The court's decision was in line with the principles of the Fair Work Act and ensured that the agreement was beneficial for both parties involved in the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established