O'Brien Glass Industries Limited

[2015] FWCA 2703

[2015] FWCA 2703

FAIR WORK COMMISSION

DECISION

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

O'Brien Glass Industries Limited
(AG2015/271)

O'BRIEN® ACT GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2014-2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	SYDNEY, 20 APRIL 2015

Application for approval of the O'Brien® ACT Glaziers Enterprise Bargaining Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the O'Brien® ACT Glaziers Enterprise Bargaining Agreement 2014-2016 (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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2015. The nominal expiry date of the Agreement is 30 September 2016.

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