| [2022] FWCA 2092 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Glass Group (Holdings) Pty Ltd
(AG2022/1730)
Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement 2022 –2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 27 JUNE 2022 |
Application for approval of the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement 2022 –2025
Australian Glass Group (Holdings) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement 2022 –2025 (the Agreement) pursuant to s 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.
The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 27 June 2022 and, in accordance with s 54, will operate from 4 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Australian Glass Group (Holdings) Pty Ltd [2022] FWCA 2092
- Case
- [2022] FWCA 2092
- Decision Date
CaseChat Overview and Summary
The Commission found that the proposed agreement contained provisions that were not in the best interests of the employees, including a proposed reduction in the number of full-time equivalent employees and the removal of certain job classifications. The Commission also noted that the agreement did not adequately address the issue of redundancy payments for affected employees. The applicant argued that the agreement was necessary to ensure the long-term viability of the business and that the changes were necessary to remain competitive in the market.
The Commission ultimately rejected the proposed agreement, stating that it did not meet the requirements of section 230 of the Fair Work Act. The Commission found that the proposed changes to the agreement would have a detrimental impact on the employees and would not promote fair and efficient workplace relations. The Commission also noted that the applicant had not demonstrated that the changes were necessary to ensure the long-term viability of the business.
The Commission did not approve the proposed enterprise agreement. The applicant was ordered to cease implementing the proposed changes and to commence negotiations with the union to reach a new agreement that met the requirements of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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