O’Brien Glass Industries Limited
[2022] FWCA 2368
•18 JULY 2022
| [2022] FWCA 2368 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
O’Brien Glass Industries Limited
(AG2022/2210)
O’Brien® Distribution Centre Enterprise Bargaining Agreement 2022 - 2025 (Agreement).
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 18 JULY 2022 |
Application for approval of the O’Brien® Distribution Centre Enterprise Bargaining Agreement 2022 - 2025
An application has been made for approval of an enterprise agreement known as the O’Brien® Distribution Centre Enterprise Bargaining Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by O’Brien Glass Industries Limited. The Agreement is a single enterprise agreement.
The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Construction, Forestry, Maritime, Mining and Energy 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), I note that the Agreement covers the organisation.
The Agreement was approved on 18 July 2022 and, in accordance with s.54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 25 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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