DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Glass Group (Holding) Pty Ltd
(AG2019/5192)

AUSTRALIAN GLASS GROUP (HOLDINGS) PTY LTD (VICTORIA BRANCH) AND CFMMEU (MANUFACTURING BRANCH) ENTERPRISE AGREEMENT -- 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2020

Application for approval of the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement -- 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement -- 2019-2022 (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] 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 Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Glass Group (Holding) Pty Ltd sought approval for a proposed enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Manufacturing Branch). The dispute centred around the contents of the proposed agreement, which the CFMMEU had objected to on certain grounds. The Commission was required to determine whether the agreement met the necessary legal standards for approval.

The primary legal issues involved whether the proposed agreement contained provisions that were contrary to public policy or otherwise unlawful. This included scrutinising provisions related to wages, working conditions, and other employment terms. The Commission also needed to assess whether the agreement was made in good faith and whether proper procedures were followed in its negotiation and execution.

The Fair Work Commission found that the proposed agreement did not contravene any public policy considerations and was made in good faith. It noted that the agreement contained provisions that were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission was satisfied that the negotiation process was conducted properly and that the agreement was supported by a majority of the relevant employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Australian Glass Group (Holding) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement -- 2019-2022. The decision was made on the basis that the agreement was fair, reasonable, and made in good faith, and that it did not contravene any legal or public policy considerations. The approval allows the agreement to be registered and enforceable under the Fair Work Act 2009.

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