DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Brien Glass Industries Limited
(AG2018/3886)

O'BRIEN AUTOGLASS NETWORK NATIONAL ENTERPRISE AGREEMENT 2018-2021

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 JANUARY 2019

Application for approval of the O'Brien AutoGlass Network Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien AutoGlass Network Enterprise 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves O'Brien Glass Industries Limited, an employer, and the United Voice union, representing the employees. The dispute centred around the application for the approval of the O'Brien AutoGlass Network Enterprise Agreement 2018 - 2021. The Fair Work Commission, an Australian independent statutory body, heard the application.

The legal issues before the court included whether the agreement met the necessary requirements under the Fair Work Act 2009, including if it was made in good faith and if it provided for the proper regulation of employees' working conditions. The court also needed to determine whether the agreement met the criteria for a modern award, ensuring that it did not undermine the safety net of minimum entitlements.

The Commission found that the agreement was made in good faith and provided for the proper regulation of employees' working conditions. It also satisfied the criteria for a modern award. The Commission considered the parties' bargaining positions, the process followed in negotiating the agreement, and the substance of the agreement itself. The Commission was satisfied that the agreement was a bona fide attempt by the parties to negotiate in good faith and that it did not undermine the safety net of minimum entitlements. The Commission approved the agreement, finding that it met the necessary requirements under the Fair Work Act 2009.

The final orders of the Commission were that the O'Brien AutoGlass Network Enterprise Agreement 2018 - 2021 be approved as a modern award, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission also ordered that the agreement be published on its website and that a copy be provided to the parties.

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