DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Brien Glass Industries Limited
(AG2017/6636)

O’BRIEN TASMANIA GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2017 - 2020

Tasmania
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the O'Brien Tasmania Glaziers Enterprise Bargaining Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Tasmania Glaziers Enterprise Bargaining Agreement 2017 - 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of O'Brien Glass Industries Limited, the matter involved an application for the approval of the O'Brien Tasmania Glaziers Enterprise Bargaining Agreement 2017-2020. The dispute was heard in the Fair Work Commission, which is the industrial relations tribunal in Australia. The application was brought by O'Brien Glass Industries Limited, and the opposition came from the Tasmanian branch of the United Voice union. The core of the dispute centred around the terms and conditions outlined in the proposed enterprise bargaining agreement and whether it complied with the relevant industrial relations legislation.

The primary legal issues that the court had to decide included whether the bargaining agreement met the statutory requirements under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it complied with the procedural requirements, and whether it contained any terms that were inconsistent with the national workplace relations system. Additionally, the court had to consider if the agreement was fair and reasonable and whether it provided for the proper classification of employees.

The Fair Work Commission found that the application for approval of the O'Brien Tasmania Glaziers Enterprise Bargaining Agreement 2017-2020 was valid. The Commission determined that the agreement was made in good faith and that it complied with the procedural requirements. Furthermore, the Commission found that the agreement was fair and reasonable and did not contain any terms that were inconsistent with the national workplace relations system. The court also noted that the agreement provided for the proper classification of employees and included terms that were beneficial to both the employer and the employees. Consequently, the Commission approved the enterprise bargaining agreement.

In summary, the Fair Work Commission granted approval of the O'Brien Tasmania Glaziers Enterprise Bargaining Agreement 2017-2020. The Commission found that the agreement was made in good faith, complied with procedural requirements, and was fair and reasonable. The Commission also determined that the agreement provided for proper classification of employees and included beneficial terms for both 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