O'Brien Glass Industries Limited

[2013] FWCA 2354

FAIR WORK COMMISSION

DECISION

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

O'Brien Glass Industries Limited
(AG2013/5975)

O'BRIEN NEW SOUTH WALES GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 APRIL 2013

Application for approval of the O'Brien New South Wales Glaziers Enterprise Bargaining Agreement 2012-2014 .

[1] An application has been made for approval of an enterprise agreement known as the O’Brien New South Wales Glaziers Enterprise Bargaining Agreement 2012-2014 (the Agreement). The application was made by O’Brien Glass Industries Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 April 2013. The nominal expiry date of the Agreement is 31 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved O'Brien Glass Industries Limited, which sought approval for the O'Brien New South Wales Glaziers Enterprise Bargaining Agreement 2012-2014. The application was made to the Fair Work Commission, which is responsible for overseeing and approving enterprise bargaining agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for approval, including provisions related to minimum working conditions, employee rights, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the various statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to consider if the agreement adequately addressed minimum wage rates, penalty rates, leave entitlements, and procedural fairness in the context of employee dismissals. The Commission also needed to determine if the agreement contained appropriate mechanisms for resolving disputes between the employer and employees.

After reviewing the evidence and submissions from both parties, the Commission concluded that the proposed agreement did indeed meet the necessary statutory criteria. It was found to provide for fair and reasonable terms and conditions, including minimum wage rates and penalty rates that aligned with the prevailing industrial standards. Furthermore, the agreement contained provisions for leave entitlements and procedural fairness that were considered adequate. The Commission also noted that the dispute resolution mechanisms were appropriate and would ensure that any future disputes could be resolved in a fair and timely manner.

The Fair Work Commission approved the O'Brien New South Wales Glaziers Enterprise Bargaining Agreement 2012-2014, determining that it complied with the requirements of the Fair Work Act. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions for the employees and included appropriate mechanisms for resolving disputes. The Commission's approval ensures that the agreement will be legally binding between O'Brien Glass Industries Limited and the affected employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established