DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chevron Glass Pty Ltd
(AG2015/5901)

CHEVRON GLASS PTY LTD ROYAL PARK COLLECTIVE BARGAINING AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the CHEVRON GLASS PTY LTD ROYAL PARK COLLECTIVE BARGAINING AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEVRON GLASS PTY LTD ROYAL PARK COLLECTIVE BARGAINING AGREEMENT 2015 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 5 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chevron Glass Pty Ltd, sought approval of the Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2015. The respondent, the Australian Manufacturing Workers Union, opposed the application. The matter was heard in the Fair Work Commission. The central issue before the court was whether the agreement complied with the provisions of the Fair Work Act 2009. The court was required to determine if the agreement met the requirements for certification, including whether it contained the minimum terms and conditions as mandated by the Act. The court also needed to assess if the agreement was made in good faith and whether it provided for proper procedures for the resolution of disputes.

The court examined the agreement clause by clause, considering whether each provision was consistent with the Fair Work Act. It evaluated if the agreement included all the required minimum terms and conditions, such as rates of pay, hours of work, and leave entitlements. The court also scrutinised whether the agreement was made in good faith, taking into account the bargaining process and the conduct of the parties. Furthermore, the court assessed if the agreement provided for effective dispute resolution mechanisms. After a detailed analysis, the court found that the agreement was compliant with the statutory requirements and was made in good faith. The court certified the agreement, deeming it to be a valid collective bargaining agreement.

The court's decision was based on the thorough examination of the agreement and the satisfaction of all legal criteria. The court concluded that the agreement met the necessary standards for certification under the Fair Work Act. The certification of the agreement would allow it to become legally binding on the parties involved. The court's approval signified that the agreement provided fair and reasonable terms for the employees and complied with the statutory framework. The final orders included the certification of the Chevron Glass Pty Ltd Royal Park Collective Bargaining Agreement 2015, effective from the date of the decision. The agreement would now serve as the governing document for the terms and conditions of employment for the employees covered by the agreement.

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