O-I Operations (Australia) Pty Ltd

[2020] FWCA 1047

[2020] FWCA 1047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O-I Operations (Australia) Pty Ltd
(AG2019/5078)

O-I MELBOURNE - MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the O-I Melbourne - Maintenance Enterprise Agreement 2019.

[1] Application has been made by O-I Operations (Australia) Pty Ltd for approval of a single enterprise agreement known as the O-I Melbourne - Maintenance Enterprise Agreement 2019 (the Agreement).

[2] Employees were not given access to copies of certain material incorporated by reference in the Agreement during the access periodfor the Agreement. Submissions in response addressed the history of bargaining at the workplace, the content of the incorporated material compared to the Manufacturing & Associated Industries and Occupations Award 2010, as well as the demographic of employees. On the basis of these submissions, I am satisfied that the failure to make this information available to employees during the access period was a minor procedural error in the circumstances. I am also satisfied that because the Agreement is more beneficial to employees overall than the terms of the Award and the incorporated materials alone, the error is not likely to have disadvantaged any employee.

[3] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[4] With 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 30 September 2023.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are covered by the Agreement.

COMMISSIONER

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Annexure A