Chevron Glass Pty Ltd

[2022] FWCA 570

[2022] FWCA 570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chevron Glass Pty Ltd

(AG2021/9354)

Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2021

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 18 FEBRUARY 2022

Application for approval of the Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chevron Glass Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 2 February 2022.

1. On 8 February 2022, 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 through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 17 February 2022. The undertaking deals with the following topics:

·  The rates of pay for Day Shift, Afternoon/Night Shift and Earl Morning/Early Afternoon Shift in clause 4.1 of the Agreement have been amended to ensure that the Agreement passes the better off overall test (BOOT) and to correct typographical errors. The amended rates can be seen in the undertaking attached to this Agreement.

·  The first aid allowance in clause 4.3.4 of the Agreement will be $17.89.

·  The reference to clause 28.3(b)(iii) of the Joinery and Building Trades Award 2020 (the Award) in clause 5.1.4.2 will be read as a reference to clause 25.2 of the Award.

·  The reference to clause 29.3 of the Award will be read as a reference to clause 18.3 of the Award.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

1. 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.

1. It is noted that whilst clause 1.7 of the Agreement states that “the model flexibility agreement from the Fair Work Act 2009 shall apply in relation to individual flexibility agreements” the Agreement does not contain the model term. As such, the model flexibility term has been attached to the Agreement and is taken to be a term of the Agreement.

1. The “Construction, Forestry, Maritime, Mining and Energy Union” (CFMMEU), being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 26 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515027  PR738532>