Chevron Glass Pty Ltd

[2018] FWCA 7262

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Chevron Glass Pty Ltd

(AG2018/2184)

Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2018

Building, metal and civil construction industries
Commissioner Platt	ADELAIDE, 28 NOVEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the Chevron Glass Pty Ltd Melrose 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.

The matter was allocated to my Chambers on 19 November 2018.

On 22 November 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 26 November 2018. The undertaking deals with the following topics:

· The Agreement is to be read and interpreted in conjunction with the National Employment Standards (NES). In the event of any inconsistency arising between the Agreement and the NES, and the NES provides the greater benefit, the NES provisions will apply to the extent of any inconsistency.

· Where an employee is required to commence ordinary hours that are either “early morning” or “early afternoon”, they will be paid an early morning/afternoon rate which is equal to the greater of the applicable day worker hourly rate, or the Award (Joinery and Building Trades Award 2010) rates plus the 25% morning shift loading, plus ten cents.

· For the purpose of the above, and subject to clause 31 of the Agreement, “early morning shift” means a shift finishing after 11:30am and before 1:00pm, and an “early afternoon shift” means a shift finishing after 6:30pm and before 8:00pm.

· For the purpose of clause 5.1, clause 28.3(b)(i) of the Award will apply except the word “Award” will be read to include the Agreement.

· Clause 29.3 of the Award will apply, except the word “Award” will be read to include the Agreement.

· Minimum engagements in clause 30.6 and 30.7 of the Award will apply to work performed under this Agreement.

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.

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.

As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

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.

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.

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 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Chevron Glass Pty Ltd, and the issue was the approval of the Melrose Park Collective Bargaining Agreement 2018. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The primary legal issues included whether the agreement was made in good faith and whether it complied with the procedural fairness and public interest requirements.

The Commission examined the process by which the agreement was made and whether it was free from improper conduct. It considered the extent to which the agreement met the good faith bargaining requirements and whether it adequately protected employees' interests. The Commission also evaluated the agreement's compliance with the public interest and whether it provided a fair and reasonable outcome for all parties involved.

After reviewing the evidence and submissions, the Fair Work Commission found that the Melrose Park Collective Bargaining Agreement 2018 was made in good faith and complied with all necessary legal requirements. The Commission concluded that the agreement was fair and reasonable, met the public interest, and provided appropriate protections for employees. Consequently, the Commission approved the agreement, acknowledging its compliance with the statutory criteria.

No further orders were required as the primary objective of approving the agreement was achieved. The decision underscores the importance of adhering to good faith bargaining principles and ensuring that collective agreements serve the interests of all parties involved while maintaining public interest standards.

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Legal Principle Established