DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2015/721)

O’BRIEN TASMANIA GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2014 - 2017

Tasmania
DEPUTY PRESIDENT KOVACIC	SYDNEY, 25 MAY 2015

Application for approval of the O’Brien Tasmanian Glaziers Enterprise Bargaining Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Tasmanian Glaziers Enterprise Bargaining Agreement 2014 - 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) 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 1 June 2015. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, O’Brien Glass Industries Limited, sought approval for the O’Brien Tasmanian Glaziers Enterprise Bargaining Agreement 2014-2017. The dispute arose between O’Brien Glass and the Tasmanian Glaziers Union, with the Fair Work Commission being asked to approve the proposed agreement as a registered agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the requirements of the Act, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions of employment.

The primary legal issues the Commission had to address were whether the agreement contained all the necessary minimum terms and conditions, whether the agreement was made in good faith, and whether the process through which the agreement was negotiated was fair. The Commission examined the content of the agreement, the negotiation process, and the context in which the agreement was made, including the economic environment and the bargaining positions of the parties.

In delivering its decision, the Commission found that the agreement was made in good faith and that it contained all the necessary minimum terms and conditions. The Commission was satisfied that the negotiation process was fair and that the parties had conducted themselves appropriately throughout the negotiations. The Commission also noted that the agreement provided for a reasonable balance of interests between the parties and that it was consistent with the objectives of the Act.

Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on all parties who are covered by its terms, including employees of O’Brien Glass Industries Limited who are members of the Tasmanian Glaziers Union.

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