DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2021/6063)

O’BRIEN TASMANIA GLAZIERS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 22 JULY 2021

Application for approval of the O'Brien Tasmania Glaziers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Tasmania Glaziers Enterprise Agreement 2020 (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 29 July 2021. The nominal expiry date of the Agreement is 29 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, O'Brien Glass Industries Limited sought approval of the O'Brien Tasmania Glaziers Enterprise Agreement 2020. The applicant is an employer in the glazing industry, and the respondent is the union representing the employees. The union argued that the proposed agreement failed to adequately protect employees' working conditions and remuneration, and that it did not comply with certain statutory requirements. The employer, on the other hand, submitted that the agreement was fair and reasonable, and that it complied with all relevant laws.

The legal issues before the Commission were whether the proposed agreement was procedurally and substantively valid. The procedural issue was whether the union had properly certified the agreement as ready for registration. The substantive issue was whether the agreement was in the best interests of the employees and complied with the Fair Work Act 2009. The Commission had to consider whether the agreement provided for appropriate terms and conditions of employment, including pay and benefits, and whether it complied with any applicable awards or other relevant instruments.

In deciding the case, the Commission noted that the union had properly certified the agreement as ready for registration. The Commission also found that the agreement provided for reasonable terms and conditions of employment, and that it complied with all relevant laws. The Commission was satisfied that the agreement was in the best interests of the employees and would promote harmonious, productive and cooperative workplace relations. The Commission therefore approved the O'Brien Tasmania Glaziers Enterprise Agreement 2020.

The final orders of the Commission were that the proposed agreement be approved as a registered enterprise agreement, and that it be registered with the Fair Work Commission. The agreement will now apply to the employees represented by the union, and will regulate their terms and conditions of employment.

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