DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

O'Brien^® Glass Industries Limited
(AG2015/837)

O’BRIEN^® SALES CENTRE ENTERPRISE BARGAINING AGREEMENT 2014-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 27 APRIL 2015

Application for approval of the O'Brien^® Sales Centre Enterprise Bargaining Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the O'Brien^® Sales Centre Enterprise Bargaining Agreement 2014-2017 (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.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved O'Brien Glass Industries Limited and the relevant trade union, with the dispute centering on the proposed O'Brien Sales Centre Enterprise Bargaining Agreement for the years 2014 to 2017. The case was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and promoting fair and harmonious workplace relations. The union sought approval for the agreement, which outlined terms and conditions of employment for the sales centre employees, while the employer raised objections to certain provisions.

The primary legal issues before the Commission were whether the agreement complied with the relevant industrial legislation and if it was in the best interest of the employees. The Commission had to determine if the agreement met the formal requirements, such as the inclusion of essential terms, and whether it provided fair and reasonable terms and conditions for the employees. Additionally, the Commission needed to assess if the agreement facilitated a harmonious workplace relationship between the employer and the employees.

In its decision, the Commission carefully considered the arguments presented by both parties. It found that the proposed agreement complied with the necessary formal requirements and contained the essential terms. The Commission also determined that the agreement provided fair and reasonable terms and conditions for the employees, considering the specific circumstances of the sales centre. The Commission concluded that the agreement facilitated a harmonious workplace relationship and was in the best interest of the employees. Consequently, the Commission approved the O'Brien Sales Centre Enterprise Bargaining Agreement 2014-2017.

The Fair Work Commission approved the O'Brien Sales Centre Enterprise Bargaining Agreement 2014-2017, finding it to be in compliance with the relevant industrial legislation and in the best interest of the employees. The Commission's decision emphasised the importance of ensuring fair and reasonable terms and conditions of employment, as well as maintaining harmonious workplace relationships.

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