Chevron Glass Pty Ltd

[2024] FWCA 3626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chevron Glass Pty Ltd

(AG2024/3183)

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 18 OCTOBER 2024

Application for approval of the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2024

An application has been made for approval of an enterprise agreement known as the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chevron Glass Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application contained a signature page that did not meet the requirements under s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later provided to the Commission that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to amend the Agreement pursuant to s.586 of the Act to allow for the amended signature page to be inserted.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and clause 1.5.4, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 25 October 2024. The nominal expiry date of the Agreement is 18 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chevron Glass Pty Ltd applied for approval of a single enterprise agreement under section 185 of the Fair Work Act 2009. The applicant submitted the Melrose Park Collective Bargaining Agreement 2024, which was initially deficient in meeting the signature page requirements under section 185 and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently provided, and the Commissioner determined it appropriate to amend the Agreement to include the corrected signature page. The applicant provided written undertakings ensuring no financial detriment to employees and no substantial changes to the Agreement. The Commissioner was satisfied that the Agreement met all relevant requirements of the Act, including ensuring the more beneficial entitlements of the National Employment Standards (NES) would prevail in case of inconsistency.

The legal issues before the Commissioner included whether the Agreement complied with the statutory requirements for approval, particularly in relation to the signature page and the provisions of the NES. Additionally, the Commissioner needed to consider whether the applicant's undertakings would cause any financial detriment to employees or result in substantial changes to the Agreement. Furthermore, the Commissioner had to determine whether the Construction, Forestry and Maritime Employees Union (CFMEU) had validly opted into the Agreement.

The Commissioner found that the Agreement, with the amended signature page, complied with the statutory requirements for approval. The applicant's written undertakings were satisfactory, and the Agreement would not cause financial detriment to employees or result in substantial changes. The more beneficial NES entitlements were ensured to prevail in case of inconsistency. The CFMEU's statutory declaration under section 183 of the Act indicated its intention for the Agreement to cover it, and the Commissioner acknowledged this coverage under section 201(2) of the Act. Consequently, the Agreement was approved and would operate from 25 October 2024, with a nominal expiry date of 18 October 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established