O-I Operations (Australia) Pty Ltd

[2019] FWCA 8339

[2019] FWCA 8339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O-I Operations (Australia) Pty Ltd
(AG2019/4050)

O-I BRISBANE (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 9 DECEMBER 2019

Application for approval of the O-I Brisbane (Maintenance Employees) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the O-I Brisbane (Maintenance Employees) Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O-I Operations (Australia) Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) I note that the Agreement covers the CEPU.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) I note that the Agreement covers the AMWU.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

•  Clause 4.1.2 – Annual leave

•  Clause 4.5.6 – Compassionate leave

•  Clause 4.10.1 – Paternity Leave

[6] However, noting clause 1.4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act

COMMISSIONER

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