O’Brien Glass Industries Limited

[2020] FWCA 2545

[2020] FWCA 2545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2020/963)

O’BRIEN® ACT GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2019 – 2022

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 MAY 2020

Application for approval of the O’Brien® ACT Glaziers Enterprise Bargaining Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien® ACT Glaziers Enterprise Bargaining Agreement 2019 – 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

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Annexure A