O'Brien Glass Industries Ltd Summary

[2016] FWCA 2733

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

O’Brien Glass Industries Ltd T/A Clarksons

(AG2016/838)

CLARKSONS SOUTH AUSTRALIA GLAZIERS ENTERPRISE

BARGAINING AGREEMENT 2015 - 2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 3 MAY 2016

Application for approval of the Clarksons South Australia Glaziers Enterprise Bargaining

Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Clarksons South Australia 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 Clarksons. 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.
[2016] FWCA 2733

[4] The Agreement was approved on 3 May 2016 and, in accordance with s.54, will

operate from 10 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of O'Brien Glass Industries Ltd v Construction, Forestry, Mining and Energy Union involves an application for the approval of the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2015-2018. The application was made by O'Brien Glass Industries Ltd T/A Clarksons under section 185 of the Fair Work Act 2009. The union involved, the Construction, Forestry, Mining and Energy Union, has given notice under section 183 of the Act that it wants the Agreement to cover it. The dispute revolves around whether the Agreement meets the criteria for approval as set out in sections 186, 187, and 188 of the Act.

The court was required to decide whether the Agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the Agreement covered a fairly chosen group of employees, whether it was made in good faith, and whether it included the appropriate terms and conditions. The court also needed to determine whether the Agreement covered the union, as required by section 201(2) of the Act.

The court found that the Agreement met the requirements for approval. Although the Agreement did not cover all employees of the employer, the court was satisfied that the group of employees was fairly chosen, taking into account the factors in Section 186(3) and (3A). The court also noted that the Agreement covered the union, as required by section 201(2) of the Act. As a result, the court approved the Agreement under section 185 of the Act, and it will operate from 10 May 2016 until 30 June 2018.

O'Brien Glass Industries Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established