O’Brien Glass Industries Limited Summary

[2023] FWCA 411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

O’Brien Glass Industries Limited

(AG2023/81)

O’BRIEN WESTERN AUSTRALIA GLAZIERS ENTERPRISE AGREEMENT 2022 - 2025

Industries not otherwise assigned
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 FEBRUARY 2023

Application for approval of the O’Brien Western Australia Glaziers Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the O’Brien Western Australia Glaziers Enterprise Agreement 2022 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 February 2023. The nominal expiry date of the Agreement is 4 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, O’Brien Glass Industries Limited applied for the approval of the O’Brien Western Australia Glaziers Enterprise Agreement 2022 - 2025. The respondents, who were represented by the Glaziers and Glassworkers Union, contested the application on the basis that the proposed agreement did not meet the "better off overall test" and contained provisions that were contrary to the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it complied with the "better off overall test" and did not include any provisions that were contrary to the Act. The respondents argued that certain provisions of the agreement did not meet the better off overall test and contained terms that were not compliant with the Act. The commission had to determine whether the proposed agreement was fair and balanced and did not undermine the rights of employees.

The commission found that the proposed enterprise agreement met the requirements of the Fair Work Act. The commission was satisfied that the agreement was fair and balanced and did not contain any provisions that were contrary to the Act. The commission also found that the agreement met the better off overall test and would provide genuine benefits to the employees. The commission approved the application and registered the O’Brien Western Australia Glaziers Enterprise Agreement 2022 - 2025.

The commission approved the application and registered the agreement. The parties are now bound by the terms of the agreement, which will govern their industrial relationship for the next four years. The respondents have the right to lodge an application for review of the commission's decision within 21 days of the decision being made.

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