DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust T/A ODS Glass
(AG2016/6257)

ODS ENTERPRISES PTY LTD AS TRUSTEE FOR THE ODS GLASS UNIT TRUST ABN: 99 687 585 094 SINGLE ENTERPRISE AGREEMENT SEPTEMBER 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust ABN: 99 687 585 094 Single Enterprise Agreement September 2016.

[1] An application has been made for approval of an enterprise agreement known as the ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust ABN: 99 687 585 094 Single Enterprise Agreement September 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust T/A ODS Glass. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 8 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust, the applicant sought the court's approval for a single enterprise agreement. The respondent, the Australian Manufacturing Workers' Union, opposed the application on the grounds that the agreement was not sufficiently fair and reasonable. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was fair and reasonable, taking into account various factors such as the bargaining power of the parties, the nature of the enterprise, and the interests of employees. The court also needed to consider if the agreement provided for appropriate mechanisms for resolving disputes.

In delivering its decision, the court found that the proposed agreement was fair and reasonable. The court acknowledged the bargaining power of both parties and considered the nature of the enterprise. The court also noted the provisions within the agreement that addressed the interests of employees, including provisions for dispute resolution mechanisms. The court was satisfied that the agreement provided for a fair and reasonable outcome for all parties involved.

The court approved the ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust Single Enterprise Agreement September 2016, allowing it to come into effect as per the terms outlined in the application.

ODS Enterprises Pty Ltd As Trustee For The ODS Glass Unit Trust T/A ODS Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established