DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2017/4348)

O’BRIEN AUTOGLASS NETWORK ENTERPRISE AGREEMENT 2017-2018

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the O’Brien AutoGlass Network Enterprise Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien AutoGlass Network Enterprise Agreement 2017-2018 (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 Applicant 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 12 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, O’Brien Glass Industries Limited sought approval for the O’Brien AutoGlass Network Enterprise Agreement 2017-2018. The application was brought by the employer, and the Australian Manufacturing Workers Union contested the application on behalf of its members. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements and procedural fairness.

The key legal issues addressed by the Commission were whether the agreement provided fair and reasonable terms for the employees, and if it had been negotiated in good faith. The union argued that the agreement did not adequately protect employees' rights and did not reflect fair and reasonable terms. Additionally, there were concerns about the process of negotiation and whether the employer had engaged in good faith bargaining.

The Commission found that while the agreement contained provisions that were generally fair and reasonable, certain clauses did not meet the statutory requirements. The employer had failed to adequately address the union's submissions regarding procedural fairness and good faith bargaining. Consequently, the Commission made orders to amend the agreement to ensure compliance with the Act, particularly in relation to minimum entitlements and procedural fairness.

The final orders included specific amendments to certain clauses of the agreement to address the issues identified by the Commission. These amendments ensured that the agreement met the legal standards required under the Fair Work Act, and the Commission approved the amended agreement as compliant. The employer was also directed to take steps to ensure that future negotiations were conducted in accordance with the principles of good faith bargaining and procedural fairness.

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