DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2019/3567)

O’BRIEN WESTERN AUSTRALIA GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2019 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Western Australia Glaziers Enterprise Bargaining Agreement 2019 - 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 4 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

O’Brien Glass Industries Limited sought approval of the O’Brien Western Australia Glaziers Enterprise Bargaining Agreement 2019-2022 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant provisions of the Act and whether it should be certified as a registered agreement.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the prescribed minimum terms and conditions, and whether it was in the best interests of the employees. The Commission had to consider whether the agreement met the requirements set forth in the Fair Work Act, including the prescribed minimum terms and conditions, and whether it was certified as meeting the good faith bargaining test.

The Fair Work Commission found that the agreement was genuinely a product of bargaining between the parties, contained all the prescribed minimum terms and conditions, and was in the best interests of the employees. The Commission was satisfied that the agreement met the good faith bargaining test and contained all the required minimum terms and conditions, including those prescribed by the Fair Work Act. The Commission also found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission approved the O’Brien Western Australia Glaziers Enterprise Bargaining Agreement 2019-2022 and registered it as a registered agreement under the Fair Work Act. The agreement will now apply to all employees covered by the agreement for the period of its registration.

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