| [2022] FWCA 2779 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
O’Brien Glass Industries Limited
(AG2022/3099)
O’Brien® New South Wales Glaziers Enterprise Agreement 2021 - 2023
| Manufacturing and associated industries | |
| COMMISSIONER SPENCER | BRISBANE, 16 AUGUST 2022 |
Application for approval of the O’Brien® New South Wales Glaziers Enterprise Agreement 2021 - 2023
An application has been made for approval of an enterprise agreement known as the O’Brien® New South Wales Glaziers Enterprise Agreement 2021 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Brien Glass Industries Limited (the Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) I note that the Agreement covers the CFMMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2022. The nominal expiry date of the Agreement is 31 July 2023.
COMMISSIONER
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- AGLC
- O’Brien Glass Industries Limited [2022] FWCA 2779
- Case
- [2022] FWCA 2779
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009. This included assessing if the agreement was free from prohibited content, if it provided for proper minimum terms and conditions, and if it had been genuinely agreed upon by the parties. The Commission also needed to consider if the agreement was in the interests of the employees and if it met the procedural requirements, including adequate consultation and the provision of relevant information.
The Fair Work Commission found that the proposed agreement was free from prohibited content and contained proper minimum terms and conditions. The Commission was satisfied that the agreement had been genuinely agreed upon by the parties, with sufficient consultation and information provided to the employees. The Commission concluded that the agreement was in the interests of the employees and met the requirements of the Fair Work Act 2009. Accordingly, the Commission approved the O’Brien® New South Wales Glaziers Enterprise Agreement 2021-2023.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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