DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Glass Group (Holding) Pty Ltd
(AG2016/4294)

AUSTRALIAN GLASS GROUP (HOLDINGS) PTY LTD (KNOXFIELD OPERATIONS) AND CFMEU (FFPD BRANCH) ENTERPRISE AGREEMENT - 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Australian Glass Group (Holdings) Pty Ltd (Knoxfield Operations) and CFMEU (FFPD Branch) Enterprise Agreement - 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Glass Group (Holdings) Pty Ltd (Knoxfield Operations) and CFMEU (FFPD Branch) Enterprise Agreement - 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Glass Group (Holding) Pty Ltd. 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 Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Australian Glass Group (Holding) Pty Ltd, the applicant, sought approval for the enterprise agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (FFPD Branch). The agreement, covering the period from 2016 to 2019, was aimed at regulating employment conditions for the employees in the Knoxfield operations of the applicant. The crux of the dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "bare bones" agreement, which would require a positive vote by employees to be approved, or whether it fell outside this category. A "bare bones" agreement is one that does not provide minimum pay rates or conditions superior to those in the relevant awards. The Commission had to determine if the agreement provided terms and conditions that exceeded those in the relevant awards, and if the agreement was comprehensive enough to be considered more than a "bare bones" agreement.

The Commission examined the specific provisions of the agreement, including wages, leave entitlements, and other employment conditions, against the relevant award provisions. The analysis revealed that the agreement did, in fact, provide terms and conditions superior to the minimum requirements of the applicable awards. The agreement included detailed provisions on wages, overtime, penalties, and other employment conditions that went beyond the basic protections afforded by the awards. Consequently, the Commission concluded that the agreement was not a "bare bones" agreement and required approval through a positive vote of the employees. The Commission approved the agreement, emphasising the importance of the agreement's comprehensive nature in providing enhanced conditions for employees.

The Commission ordered that the Australian Glass Group (Holding) Pty Ltd (Knoxfield Operations) and CFMEU (FFPD Branch) Enterprise Agreement - 2016-2019 be approved. The agreement was to be tabled for a vote by the employees, and if a majority voted in favour, the agreement would be certified and applicable from the specified commencement date.

Australian Glass Group (Holding) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established