DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Ltd T/A O’Brien Glass
(AG2016/1592)

O’BRIEN VICTORIA GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2015 - 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2015 - 2016 (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 Ltd T/A O’Brien Glass. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, 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.

[6] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 14 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

O’Brien Glass Industries Ltd, trading as O’Brien Glass, applied to the Fair Work Commission for approval of the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2015-2016. The dispute centred around the terms and conditions of employment for the glaziers employed by O’Brien Glass in Victoria, and the procedural fairness of the bargaining process. The application was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The legal issues the court had to address included whether the bargaining process was conducted in good faith and whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding procedural fairness and the best interests of the employees. Furthermore, the court had to determine whether the agreement contained terms that were unfair, unreasonable, or not genuinely intended to be binding on the parties.

In its decision, the Fair Work Commission found that the bargaining process was conducted in good faith and that the proposed agreement met the procedural fairness requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms, including provisions for wages, hours of work, and other conditions of employment. The Commission also found that the agreement did not contain any terms that were unfair, unreasonable, or not genuinely intended to be binding on the parties. Consequently, the Fair Work Commission approved the O’Brien Victoria Glaziers Enterprise Bargaining Agreement 2015-2016, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

O’Brien Glass Industries Ltd T/A O’Brien Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established