Australian Glass Group (Holdings) Pty Ltd Summary

[2025] FWCA 2846

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 Fair Work Commission, the Australian Glass Group (Holdings) Pty Ltd sought approval of an enterprise agreement with the CFMEU (Manufacturing Branch). The application concerned the terms and conditions of employment for workers within the Victoria branch of the company. The matter was heard by a panel of the Fair Work Commission, which was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission was required to address was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly sections that require agreements to be made without compulsion, to be in writing, and to provide for the proper operation of businesses. The Commission also needed to consider whether the agreement met the good faith bargaining test, ensuring that it was not made under duress or undue influence, and that it provided for the fair and equitable treatment of employees.

The Commission examined the evidence presented by both parties and considered the provisions of the proposed agreement. It determined that the agreement complied with the legal requirements for approval. The Commission found that the agreement was made without any element of compulsion or undue influence, that it was in writing and provided for the proper operation of the business, and that it met the good faith bargaining test. The Commission concluded that the agreement was fair and equitable and approved the application for the enterprise agreement.

The Fair Work Commission approved the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMEU (Manufacturing Branch) Enterprise Agreement 2025 – 2028. The decision was made on the basis that the agreement met the legal requirements for approval under the Fair Work Act and that it provided for the fair and equitable treatment of employees. The Commission's approval of the agreement ensures that the terms and conditions of employment for workers within the Victoria branch of the company are governed by a legally binding enterprise agreement.

Australian Glass Group (Holdings) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established