O'Brien Glass Industries Limited T/A O'Brien

[2015] FWCA 8286

[2015] FWCA 8286

FAIR WORK COMMISSION

DECISION

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

O'Brien Glass Industries Limited T/A O'Brien
(AG2015/5942)

O'BRIEN AUTOMOTIVE NETWORK ENTERPRISE AGREEMENT 2015-2017

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 1 DECEMBER 2015

Application for approval of the O'Brien Automotive Network Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the O'Brien Automotive Network Enterprise Agreement 2015-2017 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Automotive, Food, Engineering, Metals, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) – Vehicle Division has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 27 November 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Head of Human Resources, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

<Price code G, AE416886  PR574564>