DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2018/2113)

O’BRIEN CUSTOMER SOLUTIONS ENTERPRISE BARGAINING AGREEMENT 2017-2019

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the O’Brien Customer Solutions Enterprise Bargaining Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Customer Solutions Enterprise Bargaining Agreement 2017-2019 (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] Written undertakings have been given in accordance with s.190 of the Act. 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] The Agreement lodged contained an error at Schedule A. On 2 November 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2018. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

O’Brien Glass Industries Limited applied to the Fair Work Commission for the approval of the O’Brien Customer Solutions Enterprise Bargaining Agreement 2017-2019. The applicant, a glass manufacturing company, sought to formalise terms and conditions of employment for its customer solutions employees. The dispute centred around the adequacy of the proposed agreement and whether it met the requirements for approval under the Fair Work Act 2009. The Commission, comprising of a panel of experts, was tasked with determining if the agreement was in the best interests of the employees and if it complied with the relevant statutory provisions.

The central legal issue before the Commission was whether the proposed enterprise bargaining agreement met the criteria for approval under section 232 of the Fair Work Act. This included assessing if the agreement was genuinely negotiated and if it contained the minimum terms and conditions as required by the Act. Additionally, the Commission had to consider if the agreement was in the best interests of the employees it covered and if it adhered to the ‘better off overall test’ which requires that employees should not be worse off financially by the terms of the agreement.

The Commission concluded that the proposed agreement was genuinely negotiated and contained the minimum terms and conditions as required by the Act. It found that the agreement was in the best interests of the employees and met the ‘better off overall test’. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees and that it complied with all statutory requirements for approval. The Commission approved the O’Brien Customer Solutions Enterprise Bargaining Agreement 2017-2019, noting that it balanced the interests of both the employer and the employees. The approval was granted with the condition that the agreement would be subject to review in accordance with the provisions of the Fair Work Act.

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