O'Brien Glass Industries Limited Summary

[2025] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

O’Brien Glass Industries Limited

(AG2025/3038)

O’BRIEN QUEENSLAND GLAZIERS ENTERPRISE AGREEMENT 2025 - 2028

Building services
DEPUTY PRESIDENT BELL	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the O’Brien Queensland Glaziers Enterprise Agreement 2025 - 2028.

An application has been made for approval of an enterprise agreement known as the O’Brien Queensland Glaziers Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by O’Brien Glass Industries Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union (CFMEU), 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.

The Agreement was approved on 18 September 2025 and, in accordance with s.54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, O’Brien Glass Industries Limited, sought approval of the O’Brien Queensland Glaziers Enterprise Agreement 2025-2028. This agreement was made between the applicants and the union representing the employees. The application was made under the Fair Work Act 2009. The union opposed the application, claiming that certain clauses in the agreement did not comply with the Act. The Fair Work Commission heard the application.

The primary legal issue before the Commission was whether certain provisions of the proposed agreement complied with the requirements set out in the Fair Work Act 2009. The union argued that some provisions were not in accordance with the Act, particularly those relating to the definition of employees, the process for resolving disputes, and the calculation of penalty rates. The applicants contended that all provisions were compliant and necessary for the efficient operation of the business.

The Commission carefully reviewed the provisions of the agreement in light of the statutory requirements. The Commission found that some of the provisions did not align with the Act, specifically those regarding the definition of employees and the dispute resolution process. The Commission also noted that the penalty rate calculation did not adequately reflect the overtime work performed by employees. Consequently, the Commission rejected the application for approval of the agreement as it stood. The Commission provided detailed reasons for its decision and outlined specific amendments that would be necessary for the agreement to comply with the Act.

No final orders were made in this instance as the agreement was not approved pending the necessary amendments. The Commission indicated that it would be willing to review a revised agreement once the identified issues had been addressed.

O'Brien Glass Industries Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established