DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O-I Operations (Australia) Pty Ltd T/A O-I Australia
(AG2019/2679)

O-I ADELAIDE ENTERPRISE AGREEMENT (MAINTENANCE) 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the O-I Adelaide Enterprise Agreement (Maintenance) 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 T/A O-I Australia. 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] 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.

[4] 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 being bargaining representatives for the Agreement, have 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved O-I Operations (Australia) Pty Ltd, trading as O-I Australia, and various employees represented by the National Tertiary Education Industry Union. The dispute centred around the application for approval of the O-I Adelaide Enterprise Agreement (Maintenance) 2019. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement contained all the necessary minimum terms and conditions, and whether it was made in good faith and covered a specified group of employees.

The Commission began its analysis by examining the procedural fairness of the agreement, ensuring that there was genuine negotiation and that the parties had acted in good faith. It considered whether the agreement covered a specified group of employees and whether it contained all the minimum terms and conditions mandated by the Fair Work Act. The Commission also evaluated whether the agreement was consistent with the statutory objectives of the Act, including the promotion of workplace relations system objectives. After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and covered a specified group of employees. It also determined that the agreement contained all the necessary minimum terms and conditions and was consistent with the objectives of the Act.

Having found that the agreement satisfied all the legal requirements, the Fair Work Commission approved the O-I Adelaide Enterprise Agreement (Maintenance) 2019. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would apply to the relevant employees moving forward. This decision provides clarity and certainty for both the employer and the employees, allowing them to proceed under the terms of the approved enterprise agreement.

O-I Operations (Australia) Pty Ltd T/A O-I Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established