| [2022] FWCA 153 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
O'Brien Glass Industries Limited
(AG2021/9094)
O'Brien AutoGlass Network Enterprise Agreement 2021 - 2024
| Vehicle industry | |
| COMMISSIONER SPENCER | BRISBANE, 19 JANUARY 2022 |
Application for approval of the O'Brien AutoGlass Network Enterprise Agreement 2021 – 2024.
An application has been made for approval of an enterprise agreement known as the O'Brien AutoGlass Network Enterprise Agreement 2021 – 2024 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 26 January 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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- AGLC
- O'Brien Glass Industries Limited [2022] FWCA 153
- Case
- [2022] FWCA 153
- Decision Date
CaseChat Overview and Summary
The central legal issue for the Commission to decide was whether the proposed agreement provided employees with a fair and reasonable set of terms and conditions compared to their previous arrangements or the applicable awards. This involved assessing whether the agreement met the "better off overall test," which requires that employees be no worse off and at least some employees better off financially. The Commission also needed to determine if the agreement was made in good faith and without coercion, as required by the Act.
In delivering its decision, the Fair Work Commission thoroughly examined the evidence presented by both the applicant and the representatives of the employees. The Commission found that the proposed agreement provided employees with improved terms and conditions, including higher wages and better working conditions, compared to their previous arrangements. The Commission also concluded that the agreement was made in good faith and without coercion. Consequently, the Commission approved the O'Brien AutoGlass Network Enterprise Agreement 2021-2024, finding it met the legal requirements under the Fair Work Act.
The final orders of the Commission included the approval of the O'Brien AutoGlass Network Enterprise Agreement 2021-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the duration specified. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the new agreement was legally binding and enforceable.
Orders
Orders of the court
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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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