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

Annexure A

CaseChat Overview and Summary

O’Brien Glass Industries Limited sought approval of the O'Brien® Queensland Glaziers Enterprise Bargaining Agreement 2018 - 2021 from the Fair Work Commission. The application was brought in the context of the company's operations in the glass manufacturing and installation industry within Queensland. The primary issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and if it was appropriately made.

The legal issues involved assessing whether the agreement was a "single interest" enterprise agreement, as required by the Act, and if it had been made without the influence of any prohibited content. Additionally, the Commission examined whether the agreement met the minimum standards prescribed by the Act, including provisions on wages, hours of work, and other conditions of employment. The fairness of the agreement, in terms of its overall balance and its treatment of employees, was also scrutinized.

The Commission found that the agreement was indeed a single interest agreement and did not contain any prohibited content. It also determined that the agreement complied with all the minimum standards under the Fair Work Act and was fair and reasonable in all its terms. The decision to approve the agreement was based on the evidence presented, which demonstrated that the agreement had been made in good faith and without any undue influence on the employees. Consequently, the Fair Work Commission approved the O'Brien® Queensland Glaziers Enterprise Bargaining Agreement 2018 - 2021.

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