O'Brien Glass Industries Limited

[2013] FWCA 1555

FAIR WORK COMMISSION

DECISION

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

O'Brien Glass Industries Limited
(AG2013/5497)

O'BRIEN ACT GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2012-2014

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

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

[1] An application has been made for approval of an enterprise agreement known as the O’Brien ACT 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.

The Agreement is approved in accordance with s.54 of the Act and will operate from 26 March 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of O'Brien Glass Industries Limited involved a dispute regarding the approval of the O'Brien ACT Glaziers Enterprise Bargaining Agreement 2012 - 2014. The applicant, O'Brien Glass Industries Limited, sought to have the agreement approved by the Fair Work Commission (FWC). The agreement was contested by the Construction, Forestry, Mining and Energy Union (CFMEU), which argued that certain provisions of the agreement were not in the best interests of the employees.

The central legal issues before the FWC were whether the provisions of the agreement were fair and reasonable and whether they met the requirements of the Fair Work Act 2009. The CFMEU contended that some provisions of the agreement, particularly those related to the classification of workers and the calculation of overtime, were not in the best interests of the employees and were not fair and reasonable. The FWC was required to consider these submissions and determine whether the agreement should be approved.

In its decision, the FWC found that while some of the provisions of the agreement were not in the best interests of the employees, the overall agreement was fair and reasonable. The FWC found that the agreement met the requirements of the Fair Work Act 2009 and approved the O'Brien ACT Glaziers Enterprise Bargaining Agreement 2012 - 2014. The FWC noted that the agreement provided for a range of benefits for employees, including increased pay rates and improved working conditions, and that these benefits outweighed any potential negative impacts of certain provisions.

The FWC approved the agreement subject to certain modifications to address the concerns raised by the CFMEU. The agreement was approved with the modifications, and the FWC noted that it would monitor the implementation of the agreement to ensure that the interests of the employees were protected. The decision of the FWC was binding on both parties and provided certainty for the parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established