DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Glass Pty Limited
(AG2019/667)

CENTRAL GLASS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 28 MAY 2019

Application for approval of the Central Glass Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Central Glass Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Central Glass Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 May 2019. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• Where an employee is required to work shift work, clause 37 of the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) will apply.

• A part-time employee will be engaged for a minimum of four consecutive hours per day or shift, unless an agreement between the employee and employer is reached for the employee to work three consecutive hours in order to meet the employee’s circumstances.

• Clause 14.1.4 of the Agreement will operate subject to s.324 and s.326 of the Act.

• Clause 17 of the Agreement will operate subject to s.117 of the Act.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 28 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Central Glass Pty Limited, the Fair Work Commission (FWC) was called upon to assess the approval of the Central Glass Pty Ltd Enterprise Agreement 2018. The applicant, Central Glass Pty Limited, sought to have the agreement approved under the Fair Work Act 2009. The agreement was between the company and its employees, who were represented by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment outlined in the agreement, with particular attention to whether they met the criteria for approval under the Act.

The legal issues before the Commission included whether the agreement provided for a fair and efficient system for resolving disputes, whether the agreement included appropriate provisions for employee health and safety, and whether it adequately balanced the interests of both the employer and the employees. The Commission also needed to determine whether the agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009, particularly in terms of the representation of the employees.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement included a fair and efficient system for resolving disputes, with provisions that allowed for both informal and formal processes. The agreement also contained adequate health and safety provisions, which met the minimum standards set by the Occupational Health and Safety legislation. Additionally, the Commission was satisfied that the agreement balanced the interests of the employer and the employees, taking into account the overall context of the bargaining process. Consequently, the Fair Work Commission approved the Central Glass Pty Ltd Enterprise Agreement 2018.

The final orders of the Commission included the approval of the agreement, which would now be registered and binding on the parties from the date of the decision. The Commission directed that the agreement be published on its website and made available to the parties and their representatives. The decision also included a statement that the approval was subject to the conditions and limitations set out in the Fair Work Act 2009.

Central Glass Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established