DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2021/6246)

O’BRIEN VICTORIA GLAZIERS ENTERPRISE AGREEMENT – 2020 - 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2021

Application for approval of the O’Brien Victoria Glaziers Enterprise Agreement - 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Victoria Glaziers Enterprise Agreement - 2020 - 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 Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2021. The nominal expiry date of the Agreement is 14 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

O’Brien Glass Industries Limited applied to the Fair Work Commission for approval of an enterprise agreement covering employees from 2020 to 2023. The union representing the employees objected to the agreement on several grounds, including that it did not provide for adequate annual leave provisions and did not include provisions for minimum wage increases in line with the Consumer Price Index. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Commission examined the provisions of the agreement and the objections raised by the union. It found that the agreement did not provide for the minimum annual leave entitlements required by the National Employment Standards and did not include provisions for minimum wage increases in line with the Consumer Price Index. The Commission also considered the fairness of the agreement and whether it provided for appropriate terms and conditions of employment.

The Commission rejected the application for approval of the enterprise agreement. It found that the agreement did not meet the legal requirements for approval under the Fair Work Act. The Commission ordered that the agreement be returned to the parties for further negotiation and that the union be given an opportunity to make further submissions. The Commission emphasised the importance of ensuring that enterprise agreements provide for appropriate terms and conditions of employment and that they are fair and reasonable.

No further orders were made by the Commission. The application for approval of the enterprise agreement was rejected, and the agreement was returned to the parties for further negotiation.

O’Brien Glass Industries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established