Australian Glass Group (Holdings) Pty Ltd

[2025] FWCA 2861

The attached document replaces the document previously issued with code [2025] FWCA 2846 on 26 August 2025.

Document referencing has been updated.

Associate to Commissioner Perica

Dated 26 August 2025

[2025] FWCA 2861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Glass Group (Holdings) Pty Ltd

(AG2025/2558)

AUSTRALIAN GLASS GROUP (HOLDINGS) PTY LTD (VICTORIA BRANCH) AND CFMEU (MANUFACTURING BRANCH) ENTERPRISE AGREEMENT 2025 – 2028

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 26 AUGUST 2025

Application for approval of the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMEU (Manufacturing Branch) Enterprise Agreement 2025 – 2028

An application has been made for approval of an enterprise agreement known as the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMEU (Manufacturing Branch) Enterprise Agreement 2025 – 2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMEU (Manufacturing Branch) Enterprise Agreement 2025 – 2028, the Fair Work Commission was asked to approve the agreement reached between the employer and the union. The application for approval arose from the need to establish terms and conditions of employment that would govern the relationship between the employer and the union for the next three years. The commission was tasked with ensuring that the agreement complied with the relevant legislative framework and did not unfairly disadvantage any party.

The primary legal issue before the commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was a "better off overall test" (BOOT) compliant agreement. This required examining whether the agreement was in the best interests of the employees, taking into account any benefits and detriments to them. Additionally, the commission had to assess if the agreement was made in good faith and without coercion, ensuring it was a true product of collective bargaining.

The commission found that the enterprise agreement met the necessary statutory requirements. The agreement was determined to be BOOT compliant, as it was in the best interests of the employees, providing a balance of benefits and detriments. The commission confirmed that the agreement was made in good faith, without any evidence of coercion, and was the result of genuine collective bargaining between the employer and the union. The terms of the agreement were deemed fair and reasonable, and the commission approved the enterprise agreement.

The final orders of the commission were to approve the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMEU (Manufacturing Branch) Enterprise Agreement 2025 – 2028. This decision provides the employer and the union with a legally binding framework to govern their relationship for the next three years, ensuring that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established