O’Brien Glass Industries Limited Summary

[2021] FWCA 6348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

O’Brien Glass Industries Limited
(AG2021/7784)

O'BRIEN QUEENSLAND GLAZIERS ENTERPRISE AGREEMENT 2021-2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2021

Application for approval of the O'Brien Queensland Glaziers Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the O'Brien Queensland 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.

[2] 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.

[3] 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.

[4] 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2021. The nominal expiry date of the Agreement is 9 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

O’Brien Glass Industries Limited sought approval for the O'Brien Queensland Glaziers Enterprise Agreement 2021-2023. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement should be certified as a protected action and thus applicable to all employees covered by it, regardless of union membership. The dispute primarily centred on whether the agreement met the criteria set out in the Fair Work Act 2009, specifically whether it was a simple, direct, and clear agreement and whether it was appropriately made.

The Commission examined the provisions of the agreement, considering factors such as whether it was negotiated in good faith, whether it covered the necessary matters, and whether it provided for a fair and reasonable dispute resolution process. The applicant argued that the agreement was straightforward and had been negotiated fairly with the relevant trade union. The union, on the other hand, raised concerns about the clarity and comprehensiveness of the agreement, as well as potential issues with the dispute resolution provisions.

The Fair Work Commission concluded that the agreement did meet the statutory requirements. The Commission found that the agreement was simple, direct, and clear, and that it had been negotiated in good faith. The provisions were deemed to cover the necessary matters and the dispute resolution process was considered fair and reasonable. Therefore, the Commission approved the application, certifying the agreement as a protected action.

The final orders included the certification of the O'Brien Queensland Glaziers Enterprise Agreement 2021-2023 as a protected action agreement, effective from the date of the Commission's decision. The agreement was to apply to all employees covered by it, irrespective of union membership.

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