Application for approval of the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2025 - 2027

[1] O'Brien Glass Industries Limited (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Clarksons South Australia Glaziers Enterprise Bargaining Agreement 2025 - 2027 (the Agreement).

[2] The Construction, Forestry and Maritime Employees Union (CFMEU) 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.

[3] The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was "Clarksons South Australia Glaziers Enterprise Agreement 2025" which does not match the title of the Agreement to be approved. I am satisfied that this is a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

[4] The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 42, relating to annual leave, provides that a permanent employee shall receive 20 days annual leave, inconsistent with s.87(1) of the Act which provides that an employee is entitled to 4 weeks of paid annual leave; and

• Clause 67.2 relating to deductions on termination, does not limit the source of monies which may be deducted and withheld from an employee, inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

[5] However, noting clause 4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I raised a Better Off Overall Test (BOOT) concern regarding the fact the Agreement does not include an explicit minimum engagement for work performed on a public holiday. The Employer provided submissions to the effect that the only work performed on a public holiday is work in accordance with the call out provisions in clause 20 and 21 of the Agreement. The call out provisions provide a minimum of call out rate for public holidays contained in Schedule A.2. I accept the Employer's submissions and have determined that it is not reasonably foreseeable that employees will work public holiday except in accordance with the call out provisions, and that this addresses my BOOT concern.

[7] Clause 11.2 of the Joinery and Building Trades Award 2020 (the Award), relating to casual minimum engagement, provides that there is a 7.6 hour minimum daily engagement for casual employees, however, the Agreement is silent in respect to this entitlement. The Employer provided an undertaking to resolve this issue by confirming under the Agreement a casual employee will have a minimum daily engagement of 7.6 hours when working Monday to Friday.

[8] Clause 24.3 of the Award, relating to casual weekend and public holiday minimum engagement, provides that on Saturday there is a minimum engagement of 3 hours and on Sunday there is a minimum engagement of 4 hours, however, the Agreement is silent in respect to this entitlement. The Employer provided an undertaking to resolve this issue by confirming under the Agreement a casual employee will have a minimum daily engagement of 3 hours on a Saturday and 4 hours on a Sunday.

[9] 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. The undertakings are taken to be a term of the agreement.

[10] 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.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2026. The nominal expiry date of the Agreement is 30 June 2027.

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