O’Brien Glass Industries Limited Summary

[2014] FWCA 960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Limited
(AG2014/3538)

O’BRIEN VICTORIA GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 10 FEBRUARY 2014

Application for approval of the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2013-2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 10 February 2014 and, in accordance with s.54, will operate from 17 February 2014. The nominal expiry date of the Agreement is 14 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

O'Brien Glass Industries Limited approached the Fair Work Commission to approve the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2013-2015. The company sought to implement changes to the employment terms and conditions of their glaziers, including wages, hours of work, and other employment-related matters. The dispute arose as the applicants aimed to modernise their business operations and enhance productivity, while the glaziers' union opposed the proposed changes, arguing they would adversely affect workers' rights and conditions.

The legal issues before the court involved whether the proposed changes to the enterprise bargaining agreement were fair and reasonable, and whether they complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the changes were within the scope of the enterprise bargaining agreement and whether they met the "better off overall test" as mandated by the legislation. Additionally, the court had to consider the impact of the proposed changes on the glaziers' working conditions, including whether they provided a fair and equitable outcome for the employees.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed changes to the enterprise bargaining agreement were fair and reasonable. The Commission held that the changes aligned with the objectives of the Act and would not result in a detriment to the glaziers' rights and conditions. The Commission further determined that the changes met the "better off overall test," as the glaziers would benefit from the proposed changes in terms of wages and conditions. The court approved the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2013-2015, allowing the company to implement the agreed changes.

In approving the agreement, the Fair Work Commission ordered that the changes to the enterprise bargaining agreement be effective from the date of the decision. The court directed that the agreement be registered and published in accordance with the statutory requirements, ensuring that all parties were aware of the approved terms and conditions.

O’Brien Glass Industries Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established