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

[2014] FWC 9397

[2014] FWC 9397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739—Dispute resolution

The Australian Workers’ Union
v
ACI Operations Pty Ltd T/A O-I Melbourne
(C2014/7934)

COMMISSIONER RYAN MELBOURNE, 22 DECEMBER 2014

Decision as to jurisdiction of the Commission to deal with dispute.

[1] Pursuant to s.601 of the Fair Work Act 2009 I reduce to writing the decision given orally in transcript at the hearing of this matter on Friday 19 December 2014.

[2] The Commission determines that it has jurisdiction under clause 16 of the O-I Melbourne Glassworkers Workplace Agreement 2013 to arbitrate the issue posed by The Australian Workers’ Union in its email to the Commission dated 18 December 2014:

“What is established custom and practice at the workplace in relation to the allocation of leave and the coverage of absences arising therefrom?”

[3] The reasons for the decision are those as given on transcript.

COMMISSIONER

Appearances:

P. Reilly for The Australian Workers’ Union

M. Rayner for ACI Operations Pty Ltd T/A O-I Melbourne

Hearing details:

2014.

Melbourne:

December 19

Printed by authority of the Commonwealth Government Printer

<Price code A, PR559515>