O’Brien Glass Industries Limited

[2019] FWCA 382

[2019] FWCA 382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2018/3105)

O’BRIEN® QUEENSLAND GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2018 – 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2019

Application for approval of the O'Brien® Queensland Glaziers Enterprise Bargaining Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien® Queensland Glaziers Enterprise Bargaining Agreement 2018 - 2021 (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.

[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 Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 9 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501418  PR704060>

Annexure A