DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Brien Glass Industries Limited
(AG2018/18)

O’BRIEN WESTERN AUSTRALIAN GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2017 – 2019

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 JUNE 2018

Application for approval of the O'Brien Western Australian Glaziers Enterprise Bargaining Agreement 2017 – 2019.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Western Australian Glaziers 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from O’Brien Glass Industries Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Maritime, 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 4 September 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of O'Brien Glass Industries Limited, the applicant sought approval of the O'Brien Western Australian Glaziers Enterprise Bargaining Agreement 2017 – 2019 before the Fair Work Commission. The dispute arose as the applicant, a company in the glass industry, sought to have the proposed enterprise agreement registered with the Fair Work Commission. The agreement contained terms and conditions of employment for its glazier employees within Western Australia. The central issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act.

The Commission examined whether the agreement had been made in good faith and whether it provided for the proper protection of employees. Additionally, the Commission considered whether the agreement met the criteria for coverage and if the appropriate bargaining processes were followed. The applicant argued that the agreement was made in good faith and that it provided fair and reasonable terms for the employees. The Commission found that the applicant had demonstrated that the agreement was made in good faith and that it provided for the proper protection of employees. The Commission also found that the agreement met the criteria for coverage and that the appropriate bargaining processes were followed.

As a result, the Fair Work Commission approved the O'Brien Western Australian Glaziers Enterprise Bargaining Agreement 2017 – 2019. The agreement was registered, and it became a legally binding enterprise agreement for the specified period. The Commission's decision was based on the applicant's demonstration of good faith and the agreement's compliance with the Fair Work Act 2009. The final orders included the registration of the agreement and the enforcement of its terms and conditions as the legally binding enterprise agreement between the parties involved.

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