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.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, O'Brien Glass Industries Limited, sought approval of the O'Brien ACT Glaziers Enterprise Bargaining Agreement 2014-2016, which was entered into between the applicant and the Australian Building and Construction Industry Employees and Builders Labourers Federation. The Fair Work Commission was the court in this matter. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, specifically section 232, which mandates that agreements be in writing and cover at least one of the six prescribed topics, among other conditions. The applicant argued that the agreement met all statutory requirements and should be approved.

The court examined whether the agreement was in writing and whether it contained all the necessary prescribed topics. The applicant contended that the agreement was comprehensive and included all required elements. The employer's representative argued that the agreement did not adequately cover the prescribed topics, specifically wages and other conditions of employment, as required by the Act. The court evaluated the contents of the agreement against the statutory criteria and assessed whether the agreement met the legal standards for approval.

The Fair Work Commission determined that the agreement was in writing and addressed all the prescribed topics, including wages and other conditions of employment. The court found that the agreement was sufficiently comprehensive and met all the requirements of the Fair Work Act. Consequently, the court approved the agreement, finding it compliant with the statutory framework. The applicant's application for approval of the agreement was successful.

The Fair Work Commission approved the O'Brien ACT Glaziers Enterprise Bargaining Agreement 2014-2016, finding it met all statutory requirements. This decision affirmed the agreement's compliance with the Fair Work Act and allowed it to be registered and enforced. The court's approval facilitated the implementation of the agreed terms between the applicant and the union, ensuring that the agreement would govern the employment conditions for the specified period.

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