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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the O’Brien® ACT Glaziers Enterprise Bargaining Agreement 2019 - 2022, between O’Brien Glass Industries Limited and the United Voice union. The dispute centred around the validity and appropriateness of the agreement terms, particularly those concerning wage rates, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the mandated minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission considered the bargaining process, the fairness of the terms, and the compliance with the statutory minimum standards. It also examined whether the agreement was consistent with the principles of enterprise bargaining as intended by the legislation. The Commission needed to ensure that the agreement was not only procedurally sound but also substantively fair and equitable for both the employer and the employees.

After thorough examination, the Fair Work Commission found that the O’Brien® ACT Glaziers Enterprise Bargaining Agreement 2019 - 2022 met the necessary criteria for approval. The Commission noted that the agreement contained all the mandated minimum terms and conditions, and was made in good faith. The wage rates and conditions proposed in the agreement were found to be fair and reasonable, taking into account the economic circumstances and the needs of both parties. The dispute resolution mechanisms were deemed to be appropriate and effective. Consequently, the Commission approved the agreement, ensuring that it would provide a fair and balanced framework for employment relations between O’Brien Glass Industries Limited and its employees during the specified period.

The final orders of the Commission included the approval of the O’Brien® ACT Glaziers Enterprise Bargaining Agreement 2019 - 2022, effective from the date of the decision. The Commission directed that the agreement be registered and provided that it would remain in force until the end of the specified period, unless terminated earlier in accordance with its terms or the relevant provisions of the Fair Work Act 2009. This decision provides clarity and certainty for both the employer and the employees, allowing them to operate under a recognised and approved enterprise bargaining agreement.

O’Brien Glass Industries Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established