O'Brien Glass Industries Limited Summary

[2022] FWCA 226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

O'Brien Glass Industries Limited

(AG2021/9264)

Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2021 - 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 27 JANUARY 2022

Application for approval of the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2021 - 2023

An application has been made for approval of an enterprise agreement known as the Clarksons South Australia Glaziers Enterprise Bargaining 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 undertakings, 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 undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Construction, Forestry, 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 is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case of O'Brien Glass Industries Limited involved a dispute over the application for approval of the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2021-2023. The applicant, Clarksons, sought the Fair Work Commission's approval for the proposed agreement, which was to govern the terms and conditions of employment for glaziers within the South Australian region. The application was contested by O'Brien Glass Industries Limited, which argued that certain provisions within the agreement were unfair or did not meet the requirements for good faith bargaining.

The primary legal issues before the court were whether the agreement had been made in good faith, whether the agreement was fair, and whether the agreement met the criteria set out in the Fair Work Act 2009. The court had to consider whether the parties had engaged in genuine negotiations, whether the terms of the agreement were reasonable, and whether the agreement was consistent with the principles of the Act. Furthermore, the court had to examine whether the agreement provided for fair and adequate remuneration and conditions of employment for the employees covered by the agreement.

The Fair Work Commission found that the agreement had been made in good faith, as there was evidence of genuine negotiations between the parties. The court also found that the agreement was fair, as it provided for reasonable terms and conditions of employment, including provisions for remuneration, hours of work, and other workplace entitlements. The Commission further determined that the agreement met the criteria set out in the Fair Work Act, as it did not contain any provisions that were contrary to the principles of the Act or that would have an adverse effect on the employees covered by the agreement. Consequently, the court approved the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2021-2023, subject to certain minor amendments to ensure compliance with the Act.

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