DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2015/750)

O’BRIEN NEW SOUTH WALES GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the O’Brien New South Wales Glaziers Enterprise Bargaining Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

O’Brien Glass Industries Limited recently had an application for approval of their New South Wales Glaziers Enterprise Bargaining Agreement 2014-2017 heard in the Fair Work Commission. The dispute was between the employer, O’Brien Glass Industries Limited, and the union, the Shop, Distributive and Allied Employees’ Association (SDA). The primary issue was whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues the court needed to decide included whether the agreement met the minimum standards set out in the Act and Regulations, including minimum wages, penalty rates, and other conditions of employment. Additionally, the court had to determine if the agreement was made in good faith and if it complied with procedural requirements, including the requirement to provide a copy of the agreement to employees and the union. The court also considered whether the agreement contained any terms that were contrary to public policy or that had an adverse effect on the operations of other employers.

In its decision, the Fair Work Commission found that the agreement complied with the relevant provisions of the Act and Regulations. The court noted that the agreement provided for minimum wages and penalty rates that were at least equal to the relevant awards and that it included provisions for leave, overtime, and other employment conditions. The court also found that the agreement was made in good faith and that the employer had followed the required procedural steps in negotiating and finalising the agreement. The court determined that the agreement did not contain any terms that were contrary to public policy or that had an adverse effect on the operations of other employers. As a result, the court approved the agreement.

The Fair Work Commission approved the O’Brien New South Wales Glaziers Enterprise Bargaining Agreement 2014-2017, finding that it met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court found that the agreement provided for minimum wages and penalty rates that were at least equal to the relevant awards, included provisions for leave, overtime, and other employment conditions, and was made in good faith. The court also determined that the agreement did not contain any terms that were contrary to public policy or that had an adverse effect on the operations of other employers.

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