DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Ltd T/A O’Brien Glass
(AG2016/2811)

O’BRIEN QUEENSLAND GLAZIERS ENTERPRISE BARGAINING AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 MAY 2016

Application for approval of the O’Brien Queensland Glaziers Enterprise Bargaining Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the O’Brien Queensland Glaziers Enterprise Bargaining Agreement 2015-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 20 May 2016 and, in accordance with s.54, will operate from 27 May 2016. The nominal expiry date of the Agreement is 9 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, O’Brien Glass Industries Ltd trading as O’Brien Glass, sought approval of the O’Brien Queensland Glaziers Enterprise Bargaining Agreement 2015-2018, in accordance with the Fair Work Act 2009. The application was brought before the Fair Work Commission, where it was contested by the Australian Manufacturing Workers’ Union. The nature of the dispute was primarily concerned with the terms and conditions of employment for glaziers within the Queensland region, as outlined in the proposed agreement.

The central legal issues before the court involved whether the proposed agreement met the requirements for registration under the Fair Work Act, including whether it complied with the “better off overall test.” This test requires that the agreement should provide employees with a minimum total pay rate and conditions that are no less favourable than the applicable award or safety net award. The court also needed to determine if the agreement was in the public interest and whether it was fair and reasonable.

In its reasoning, the Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements. It was determined that the agreement provided for a minimum total pay rate and conditions that were no less favourable than the applicable award. The Commission further found that the agreement was in the public interest and was fair and reasonable. The Commission approved the application and registered the agreement, noting the parties' commitment to resolving disputes through the enterprise bargaining process and the agreement's provisions for a fair and efficient workplace.

The final orders included the approval and registration of the O’Brien Queensland Glaziers Enterprise Bargaining Agreement 2015-2018, effective from 1 January 2015. The agreement was to remain in force until 31 December 2018, subject to any amendments or variations that may be agreed upon by the parties.

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