O'Brien Glass Industries Limited

[2024] FWCA 2950

[2024] FWCA 2950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

O’Brien Glass Industries Limited

(AG2024/2584)

O’BRIEN AUTOGLASS NETWORK ENTERPRISE AGREEMENT

2024 - 2027

Vehicle industry
COMMISSIONER DURHAM	BRISBANE, 9 AUGUST 2024

Application for approval of the O’Brien AutoGlass Network Enterprise Agreement 2024 - 2027.

1. An application has been made for approval of an enterprise agreement known as the O’Brien AutoGlass Network Enterprise Agreement 2024 - 2027 (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 Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. I note the undertakings were provided in relation to the following:

• Clause 7.3 – non-consecutive shifts.
• Clause 7.3.4 – afternoon and night shift triggers.
• Clause 12.1.3 – apprentices.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provision/s is/are likely to be inconsistent with the National Employment Standards (NES): 

• Clause 9.5 – compassionate leave.
• Clause 12.3 – abandonment of employment.
• Clause 12.2.3(a) – redundancy - alternative employment.

1. However, noting clause 1.4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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