DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2017/2458)

O’BRIEN ACT GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2016 - 2019

Australian Capital Territory
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2017

Application for approval of the O’Brien ACT Glaziers Enterprise Bargaining Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien ACT Glaziers Enterprise Bargaining Agreement 2016 - 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] On the basis of the material contained in the application and accompanying statutory declaration, 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 August 2017 and, in accordance with s.54, will operate from 5 September 2017. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

O’Brien Glass Industries Limited applied to the Fair Work Commission for approval of the O’Brien ACT Glaziers Enterprise Bargaining Agreement 2016-2019. The applicant argued that the agreement was fair and reasonable for the employees in the glazing industry. The applicants contended that the agreement provided for appropriate conditions and pay rates for the employees, taking into account the current economic climate and the particular circumstances of the glazing industry in the ACT region.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Act. The court considered whether the agreement provided for appropriate terms and conditions for the employees, including pay rates, hours of work, and other conditions of employment. The court also considered whether the agreement met the requirements for a fair and reasonable agreement, including whether it provided for appropriate protections for employees and whether it complied with any relevant industry standards.

The Fair Work Commission found that the agreement was fair and reasonable for the employees in the glazing industry. The court found that the agreement provided for appropriate conditions and pay rates for the employees, taking into account the current economic climate and the particular circumstances of the glazing industry in the ACT region. The court also found that the agreement met the requirements for a fair and reasonable agreement and complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the O’Brien ACT Glaziers Enterprise Bargaining Agreement 2016-2019, subject to certain conditions. The agreement will now provide the terms and conditions of employment for the employees in the glazing industry in the ACT region for the period 2016-2019.

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