DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Brien Glass Industries Pty Ltd
(AG2015/6948)

O’BRIEN PADSTOW DISTRIBUTION CENTRE ENTERPRISE BARGAINING AGREEMENT 2015 - 2018

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COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2016

Application for approval of the O’Brien Padstow Distribution Centre Enterprise Bargaining Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the O’Brien Padstow Distribution Centre 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 Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 27 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved O’Brien Glass Industries Pty Ltd, which applied for the approval of the O’Brien Padstow Distribution Centre Enterprise Bargaining Agreement 2015-2018. The applicant sought the approval of this agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically whether it provided for a fair and efficient workplace and did not undermine the right of employees to bargain collectively.

The court was required to determine if the agreement provided for a fair and efficient workplace by considering various factors, including whether it provided for minimum wages and conditions, provided for a transparent and accountable process for resolving workplace disputes, and provided for a fair and efficient process for the resolution of employee grievances. The court also needed to assess whether the agreement undermined the right of employees to bargain collectively by considering if it provided for a process that was accessible and effective for the resolution of workplace disputes.

The court found that the agreement met the criteria for approval under the Fair Work Act 2009. The agreement provided for a fair and efficient workplace by setting out clear and transparent processes for the resolution of workplace disputes and grievances. The court also found that the agreement did not undermine the right of employees to bargain collectively as it provided for a process that was accessible and effective for the resolution of workplace disputes. The court approved the agreement, and it became a registered agreement under the Fair Work Act 2009.

The court ordered that the O’Brien Padstow Distribution Centre Enterprise Bargaining Agreement 2015-2018 be approved and registered under the Fair Work Act 2009. The agreement became a registered agreement and was binding on all employees and employers covered by the agreement. The court also ordered that the agreement be published in the Commonwealth Register of Industrial Agreements.

O’Brien Glass Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established