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

[2019] FWCA 5915

[2019] FWCA 5915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

O-I Operations (Australia) Pty Ltd T/A O-I Operations
(AG2019/2611)

O-I SYDNEY (GLASSWORKERS) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 27 AUGUST 2019

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

[1] An application has been filed by O-I Operations (Australia) Pty Ltd T/A O-I Operations(the applicant) for the approval of an enterprise agreement known as the O-I Sydney (Glassworkers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided an undertaking that the introductory rate for labour hire employees specified in clause 2.6.1 of the Agreement will only be applicable for a maximum of 38 hours.

[3] A copy of the undertaking is attached at the end of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking 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 Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and notes the undertaking is appropriate. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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