Australian Glass Group Pty Ltd

[2014] FWCA 2429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Glass Group Pty Ltd
(AG2014/734)

AUSTRALIAN GLASS GROUP PTY LTD (QUEENSLAND) - ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 MAY 2014

Application for approval of the Australian Glass Group Pty Ltd (Queensland) - Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 April 2014 by Australian Glass Group Pty Ltd for the approval of a single-enterprise agreement known as the Australian Glass Group Pty Ltd (Queensland) - Enterprise Agreement 2014 (“the Agreement”).

[2] On 29 April 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the Australian Glass Group Pty Ltd matter were the applicant, Australian Glass Group Pty Ltd, and the respondents, various trade unions representing employees within the company. The dispute centred around the application for the approval of the Australian Glass Group Pty Ltd (Queensland) - Enterprise Agreement 2014, which aimed to establish the terms and conditions of employment for the employees. The case was heard by the Fair Work Commission of Australia.

The primary legal issues that the court needed to decide were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the necessary criteria for approval. The court had to consider various aspects of the agreement, including the process of its formation, the provisions it contained, and its compliance with the relevant legislation. The court also needed to determine if the agreement was genuinely negotiated between the applicant and the respondents.

The court ruled in favour of the applicant, stating that the enterprise agreement was in compliance with the Fair Work Act 2009 and met the necessary criteria for approval. The court found that the agreement was genuinely negotiated between the parties, and all provisions were within the bounds of the legislation. The court further noted that the agreement provided for fair and reasonable terms of employment for the employees and did not contain any provisions that would be detrimental to the employees' interests. The court concluded that the enterprise agreement should be approved, and the applicant's application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established