O’Brien Glass Industries Limited Summary

[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

Annexure A

CaseChat Overview and Summary

O’Brien Glass Industries Limited recently sought approval from the Fair Work Commission for the O’Brien® Distribution Centre Enterprise Bargaining Agreement 2022-2025. This agreement pertains to the employment terms and conditions of workers employed in the distribution centres operated by O’Brien Glass Industries Limited. The application was brought forth by the employer, O’Brien Glass Industries Limited, and was opposed by the Australian Manufacturing Workers’ Union, which represents some of the employees. The Fair Work Commission was tasked with determining whether the agreement should be registered and made a registered bargaining instrument.

The central legal issues before the Commission were whether the agreement was genuinely a product of genuine bargaining, whether it met the statutory criteria for approval, and whether it provided for appropriate protections for employees. The Commission examined the bargaining process to ensure it was genuine and not coerced, and reviewed the terms and conditions of the agreement to assess whether they were fair and reasonable. The Commission also considered whether the agreement provided adequate safeguards for employee rights and interests.

The Fair Work Commission found that the agreement was genuinely bargained and met the statutory criteria for approval. The Commission noted that the bargaining process was conducted in good faith and without coercion, and that the terms and conditions of the agreement were fair and reasonable. The Commission also found that the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. As a result, the Commission approved the agreement and ordered that it be registered as a bargaining instrument.

The final orders of the Commission included the registration of the O’Brien® Distribution Centre Enterprise Bargaining Agreement 2022-2025 as a registered bargaining instrument, effective from the date of registration. The agreement will now govern the employment terms and conditions of workers employed in the distribution centres operated by O’Brien Glass Industries Limited for the duration of the agreement.

O’Brien Glass Industries Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established