O'Brien Glass Industries Limited Summary

[2024] FWCA 2958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

O’Brien Glass Industries Limited

(AG2024/2520)

O’BRIEN TASMANIA GLAZIERS ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER WILSON	MELBOURNE, 12 AUGUST 2024

Application for approval of the O’Brien Tasmania Glaziers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the O’Brien Tasmania Glaziers Enterprise Agreement 2024 (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.

The notification time for the Agreement under s.173(2) was 6 March 2024 and the Agreement was made on 3 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 32A of the Award is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 19 August 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

In the Fair Work Commission, O'Brien Glass Industries Limited applied for approval of the O’Brien Tasmania Glaziers Enterprise Agreement 2024. The application was made in the context of the Fair Work Act 2009 and related regulations. The primary dispute centred on whether the agreement met the legal requirements for approval and if it provided for fair and reasonable terms and conditions for the employees covered by it.

The legal issues before the Commission included whether the agreement provided adequate protection for employees' rights, whether it met the standards of procedural fairness, and whether it complied with the statutory requirements outlined in the Fair Work Act. The Commission also needed to consider if the agreement was appropriately negotiated and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was fairly negotiated and provided for terms and conditions that were fair and reasonable. The Commission emphasised that the agreement contained provisions for procedural fairness and protected the rights of employees. It also found that the agreement complied with all relevant statutory requirements. Consequently, the Commission approved the O’Brien Tasmania Glaziers Enterprise Agreement 2024.

The final orders of the Commission were that the O’Brien Tasmania Glaziers Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Commission and would apply to the employees specified in the application.

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