DECISION

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

Oceania Glass Pty Ltd T/A Oceania Glass
(AG2020/2384)

OCEANIA GLASS AND AWU VICTORIAN DISTRIBUTION CENTRES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 SEPTEMBER 2020

Application for approval of the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oceania Glass Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained errors at pages 11 and 12. On 28 August 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The employer has provided written undertakings. 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.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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.

[6] 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.

[7] The Agreement was approved on 7 September 2020 and, in accordance with s.54, will operate from 14 September 2020. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involves an application by Oceania Glass Pty Ltd, trading as Oceania Glass, for approval of the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2020. The dispute was heard by the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes. The primary issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009, including the requirement that it facilitates the efficient operation of the workplace and the need to ensure fair and equitable treatment of employees.

The Fair Work Commission examined the provisions of the Enterprise Agreement, considering factors such as the balance of rights and obligations, the extent to which it promoted productivity, and whether it provided a fair and reasonable safety net for employees. The Commission also evaluated the process by which the agreement was made, including whether it was genuinely negotiated and whether there were any procedural irregularities. After careful consideration, the Commission concluded that the Enterprise Agreement was fair and reasonable, met the criteria for approval, and facilitated the efficient operation of the workplace.

The Commission approved the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2020, recognising its potential to improve workplace relations and operational efficiency. The decision underscored the importance of agreements that balance the interests of both employers and employees while promoting a fair and productive work environment. The approval of the Enterprise Agreement is now in effect, governing the terms and conditions of employment for the relevant employees at Oceania Glass.

Oceania Glass Pty Ltd T/A Oceania Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established