The Australian Workers' Union v ACI Operations Pty Ltd T/A O-I Glass

[2013] FWC 7897

[2013] FWC 7897

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

The Australian Workers' Union
v
ACI Operations Pty Ltd T/A O-I Glass
(C2013/1437)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 OCTOBER 2013

O-I Glass - statement.

[1] The Australian Workers’ Union (“the AWU”) lodged a dispute under s.739 of the Fair Work Act 2009 (“the Act”) with ACI Operations Pty Ltd t/a O-I Glass (“the Company”), which was the subject of a conference on 8 October 2013. The dispute concerns steps taken by the Company to reorganise the way in which work is performed within the stores function, which is a classification covered under the O-I Brisbane Glass Workers Workplace Agreement 2013 (“the Agreement”).

[2] As a result of the discussions over the course of the conference the Company has agreed to explain its position to its workforce in the following terms:

• The Company has no policy and no strategy in place of moving employees who perform duties under the Agreement to salaried positions (which are not covered by the Agreement).



• The change in the number of positions in the classifications within the stores function has arisen because of changes in the way in which the inventory is accessed and replenished and the types of skills necessary to perform duties in that area into the future. This was an ad hoc development, and was not part of a wider plan.



• The Company cannot guarantee that it will not make further changes in the face of organisational or cost pressures in the future. This is not unusual because the Company faces competition in the marketplace.



• But in the event any further changes are necessary from time to time, there will be consultation with the AWU prior to their implementation.

[3] I note that I have been invited to publish this statement, as opposed to providing a copy to the parties privately (as I might ordinarily have done).

SENIOR DEPUTY PRESIDENT

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