DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O-I Operations (Australia) Pty Ltd
(AG2019/4113)

O-I BRISBANE (GLASSWORKERS) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 NOVEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the O-I Brisbane (Glassworkers) 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. 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.

[3] The Australian Workers’ 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 18 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, O-I Operations (Australia) Pty Ltd, sought approval of the O-I Brisbane (Glassworkers) Enterprise Agreement 2019 under the Fair Work Act 2009. The respondents, the Australian Council of Trade Unions and the Australian Manufacturing Workers' Union, opposed the application, arguing the agreement was not fairly negotiated and failed to meet the requirements of the Act. The application was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the enterprise agreement was genuinely negotiated between the employer and the employees, and whether it met the criteria for approval under the Fair Work Act. This included examining the process of negotiation, whether the agreement covered all relevant employees, and whether the agreement provided for adequate dispute resolution mechanisms. Additionally, the court considered whether the agreement included all required terms and conditions, and if it met the public interest test.

The court found that the enterprise agreement was genuinely negotiated and met all the statutory requirements for approval. It was satisfied that the negotiation process was fair and that the agreement covered all relevant employees. The court noted that the agreement provided for adequate dispute resolution mechanisms and included all necessary terms and conditions. The court also concluded that the agreement met the public interest test, as it promoted a productive and harmonious workplace. Consequently, the court approved the enterprise agreement.

The final orders included the approval of the O-I Brisbane (Glassworkers) Enterprise Agreement 2019, subject to the conditions set out in the court's decision. The court directed that the agreement be registered with the Fair Work Commission and that it would have effect from the date of the decision. The respondents' application for costs was dismissed.

O-I Operations (Australia) 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