DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chevron Glass Pty Ltd
(AG2018/7321)

CHEVRON GLASS PTY LTD ROYAL PARK COLLECTIVE BARGAINING AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 MAY 2019

Application for approval of the Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2018.

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

[2] The matter was allocated to my Chambers on 28 March 2019.

[3] On 11 April 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 2 May 2019. The undertaking deals with the following topics:

• The second and third wage rate tables contained in clause 4.1.1 have been increased.

[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] 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.

[8] 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.

[9] 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 26 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

Chevron Glass Pty Ltd sought approval of a collective bargaining agreement from the Fair Work Commission. The agreement, titled Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2018, was the subject of a dispute over its compliance with the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the necessary requirements for approval, specifically under section 232 of the Act. The Commission had to determine if the agreement was made in good faith, if it contained appropriate dispute resolution mechanisms, and if it complied with the provisions of the Act concerning minimum terms and conditions of employment.

The Commission examined the bargaining process and the content of the agreement to ascertain if it was made in good faith. The Commission considered whether the parties had genuinely negotiated the agreement and if it reflected a balance of power between the employer and the employees. Additionally, the Commission evaluated if the agreement included suitable dispute resolution processes and if it provided for the protection of employees' rights. The Commission also checked if the agreement's terms and conditions met or exceeded the minimum standards set by the Fair Work Act.

After careful consideration, the Commission found that the agreement was made in good faith, contained appropriate dispute resolution mechanisms, and met the necessary requirements under the Fair Work Act. The Commission approved the Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2018, recognising its compliance with the statutory provisions. The decision was based on the evidence provided and the findings that the agreement was fair and balanced, with adequate protections for employees. The Commission concluded that the agreement was in the best interests of the employees and the employer, and it would serve as a valid basis for regulating the employment relationship.

Chevron 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