DECISION

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

Bevelite Glass Pty Ltd
(AG2015/436)

BEVELITE GLASS LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 APRIL 2015

Application for approval of the Bevelite Glass Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bevelite Glass Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bevelite Glass Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 31 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bevelite Glass Pty Ltd, an employer, applied for the approval of the Bevelite Glass Ltd Enterprise Agreement 2014, which was made between the employer and the United Voice union. The union represented employees in the manufacturing, processing, and packaging of glass. The Fair Work Commission (FWC) was the court that needed to determine if the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement. The BOOT requires that the agreement be assessed to ensure that no party is disadvantaged compared to the previous terms of employment and that the agreement provides for a fair and reasonable outcome for all parties involved. The FWC also needed to consider if the agreement complied with the procedural fairness requirements set out in the Fair Work Act.

The FWC found that the agreement did not meet the BOOT as it failed to provide for adequate annual leave loading. The FWC noted that the agreement did not provide for the same annual leave loading as the previous agreement, which was a disadvantage to the employees. The FWC also found that the employer did not provide adequate notice to the union about the changes to the annual leave loading, which breached the procedural fairness requirements of the Fair Work Act. The FWC did not approve the agreement.

The FWC ordered that the agreement not be approved and that the parties must negotiate a new agreement that meets the BOOT and procedural fairness requirements. The FWC also ordered that the parties must provide each other with adequate notice of any proposed changes to the terms and conditions of employment.

Bevelite Glass 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