DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Brien Glass Industries Limited T/A Clarksons
(AG2018/3853)

CLARKSONS SOUTH AUSTRALIA GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2018 - 2021 (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 T/A Clarksons. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

O'Brien Glass Industries Limited, trading as Clarksons, applied for approval of the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2018-2021. The Fair Work Commission heard the matter, with the applicant arguing that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around whether the agreement adequately protected employee rights and interests, and if it provided a fair and efficient mechanism for resolving workplace disputes.

The legal issues before the Commission involved assessing whether the agreement contained the necessary terms and conditions to ensure fairness and efficiency in the workplace, and whether it complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, provided for a streamlined dispute resolution process, and included terms that were reasonable and necessary to protect the interests of employees and employers.

The Commission found that the agreement was made in good faith and contained provisions that were fair and efficient for resolving workplace disputes. It included a streamlined dispute resolution process, which involved conciliation as the first step, followed by arbitration if necessary. The Commission was satisfied that the agreement provided adequate protection for employee rights and interests, and it met the statutory criteria for approval. The Commission approved the agreement, noting that it provided a fair and efficient mechanism for resolving workplace disputes.

The Commission's final order was that the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2018-2021 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and would have effect from the date of the Commission's decision, providing a framework for the terms and conditions of employment for the relevant employees.

O'Brien Glass Industries Limited T/A Clarksons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established