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

CaseChat Overview and Summary

O'Brien Glass Industries Limited T/A O'Brien, the applicant, sought approval of the O'Brien Automotive Network Enterprise Agreement 2015-2017, which was to be entered into between the company and its employees. The dispute arose in the Fair Work Commission, with the applicant arguing that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the court revolved around whether the agreement complied with the procedural requirements for approval, whether it was an "enterprise agreement" as defined in the Act, and whether the agreement provided for the resolution of disputes in an appropriate manner.

The court examined the procedural aspects of the agreement's development, including whether the applicant had followed the appropriate steps in negotiating the agreement and whether the required notices had been given. Additionally, the court assessed whether the agreement covered the necessary "single-touch" matters, such as pay rates and conditions, and whether it provided for the resolution of disputes through an appropriate process. The court also considered the impact of the agreement on the employees' terms and conditions of employment and whether it was likely to result in improved productivity and efficiency within the enterprise.

After a thorough review of the agreement and the evidence presented, the court concluded that the applicant had satisfied the procedural requirements for approval and that the agreement constituted a genuine enterprise agreement. The court found that the agreement covered all necessary "single-touch" matters, and it provided for the resolution of disputes in an appropriate manner. The court also determined that the agreement was likely to result in improved productivity and efficiency within the enterprise and that it was in the best interests of the employees. Based on these findings, the court approved the agreement and issued the necessary orders for its implementation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established