Oneglass Pty Ltd Summary

[2013] FWCA 10172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oneglass Pty Ltd
(AG2013/11710)

ONEGLASS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Oneglass Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Oneglass Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oneglass 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 Agreement was approved on 24 December 2013 and, in accordance with s.54, will operate from 31 December 2013. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oneglass Pty Ltd, an employer, sought approval for an Enterprise Agreement from 2013 under the Fair Work Act 2009. The applicant, represented by a registered organisation, aimed to have the agreement approved by the Fair Work Commission. The decision was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement was not fairly negotiated and did not meet the requirements of the Act.

The primary legal issue before the Fair Work Commission was whether the Enterprise Agreement was fairly negotiated and met the statutory criteria for approval under the Fair Work Act 2009. The AMWU argued that the agreement was not fairly negotiated and did not contain all the mandatory terms required by the Act. The Commission had to determine whether the agreement was negotiated in good faith and if it contained the necessary provisions to be considered compliant.

In determining the matter, the Fair Work Commission considered the evidence provided by both parties and evaluated the negotiation process. The Commission found that the negotiation process was generally conducted in good faith and that the agreement contained all the mandatory terms required by the Act. The Commission also noted that the agreement provided for a reasonable balance of rights and obligations between the parties and did not unfairly disadvantage either party. Consequently, the Commission approved the Oneglass Pty Ltd Enterprise Agreement 2013.

The Fair Work Commission approved the Oneglass Pty Ltd Enterprise Agreement 2013, finding that it was fairly negotiated and contained all the mandatory terms required by the Fair Work Act 2009. The AMWU's objections were dismissed, and the agreement was approved as compliant with the statutory requirements.

Oneglass Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established