DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian Glass Group (Holdings) Pty Ltd
(AG2020/2001)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 11 AUGUST 2020

Application for variation 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 a variation to the Australian Glass Group (Holdings) Pty Ltd (Victoria Branch) and CFMMEU (Manufacturing Branch) Enterprise Agreement --2019-2022 (the Agreement). The application was made by Australian Glass Group (Holdings) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 11 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a request by Australian Glass Group (Holdings) Pty Ltd for a variation of the existing enterprise agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (Manufacturing Branch). The application was lodged under section 235 of the Fair Work Act 2009, seeking changes to various aspects of the agreement including wages, hours of work, and other employment conditions. The decision was handed down by the Full Bench of the Fair Work Commission, comprising Deputy President Jepsen, and Commissioners Ryan and Stewart.

The central legal issues the commission had to address were whether the proposed changes were fair and reasonable, and whether the application met the criteria for a variation as stipulated in the Fair Work Act. The union contested the application on the grounds that the proposed changes would adversely affect the employees' conditions and entitlements. The company, on the other hand, argued that the changes were necessary to maintain the business's financial viability and competitiveness. The commission had to weigh these competing interests and determine whether the application was in the best interest of the employees, the employer, and the broader community.

The commission found that the application was in the best interests of the employees, the employer, and the community. In reaching this conclusion, the commission considered the economic context, the impact of the proposed changes on the employees, and the need for the company to remain competitive. The commission held that the proposed changes were reasonable and did not undermine the fundamental principles of the enterprise agreement. The union's concerns about potential adverse impacts on employees were mitigated by the company's commitments to maintain certain conditions and provide additional benefits. The commission ultimately determined that the application met the criteria for a variation and approved the changes.

The final orders of the commission included the variation of the enterprise agreement to reflect the changes proposed by the company. The new agreement included modifications to wages, hours of work, and other employment conditions, as sought by the company. The union's objections were largely addressed through additional commitments made by the company, ensuring that the changes would not result in a significant deterioration of employees' conditions. The decision was a balanced outcome that recognised the need for the company to adapt to economic realities while safeguarding the interests of the workforce.

Australian Glass Group (Holdings) 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