DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCP VI VG Bidco Pty Ltd T/A Oceania Glass
(AG2020/624)

OCEANIA GLASS SYDNEY DISTRIBUTION CENTRE AND AWU ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 MAY 2020

Application for approval of the Oceania Glass Sydney Distribution Centre and AWU Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Oceania Glass Sydney Distribution Centre and AWU Enterprise Agreement 2019-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ 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. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CCP VI VG Bidco Pty Ltd, trading as Oceania Glass, applied to the Fair Work Commission for approval of the Oceania Glass Sydney Distribution Centre and AWU Enterprise Agreement 2019-2023. The Australian Workers' Union (AWU) and the Transport Workers' Union (TWU) opposed the application, raising concerns about the agreement's implications for their members and the industry. The dispute centred on the impact of the proposed agreement on wages, conditions, and the role of unions in the workplace. The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated a productive workplace relationship and was free from coercion, duress, or undue influence.

The court examined the arguments presented by both sides, considering the provisions of the agreement and the evidence provided. It found that the agreement addressed the needs of the workforce and the business, providing a fair and reasonable outcome for all parties. The court emphasised the importance of maintaining a productive workplace relationship and ensuring that the agreement facilitated this. The court also considered the role of unions in the agreement and found that the agreement did not unduly limit their ability to represent their members.

In light of the evidence and arguments presented, the court approved the Oceania Glass Sydney Distribution Centre and AWU Enterprise Agreement 2019-2023. The court found that the agreement met the criteria for approval and facilitated a productive workplace relationship. The court acknowledged the concerns raised by the AWU and TWU but found that the agreement provided a fair and reasonable outcome for all parties. The court's decision provides clarity and certainty for the parties involved and sets a precedent for similar agreements in the future.

CCP VI VG Bidco Pty Ltd T/A Oceania Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established