DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Chevron Glass Pty Ltd
(AG2015/3561)

CHEVRON GLASS PTY LTD MELROSE PARK COLLECTIVE BARGAINING AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2015

Application for approval of the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chevron Glass Pty Ltd Melrose 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2015. The nominal expiry date of the Agreement is 26 April 2018.

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CaseChat Overview and Summary

The parties in this case are Chevron Glass Pty Ltd, an employer, and the Australian Manufacturing Workers Union (AMWU), a union representing employees. The dispute concerns the approval of the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2015. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved. The legal issues the court had to decide involved whether the agreement met the requirements of section 231 of the Fair Work Act 2009, ensuring it provided for minimum terms and conditions, was not contrary to public policy, and was not oppressive. The court had to assess if the agreement complied with these statutory criteria, taking into account the bargaining power between the parties and the terms provided for in the agreement.

The FWC considered the nature of the agreement and whether it was made in good faith and provided for minimum terms and conditions. The commission examined whether the agreement was consistent with the principles of the Fair Work Act, particularly focusing on the fairness of the terms and the balance of power between the employer and the union. The FWC took into account the evidence provided by both parties, including submissions on the nature of the bargaining process and the terms of the agreement. Ultimately, the FWC found that the agreement met all statutory requirements and was fair and reasonable in its terms. The commission concluded that the agreement did not contravene any public policy considerations and was not oppressive to the employees.

The FWC approved the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2015, finding it to be in compliance with the statutory requirements of the Fair Work Act. The commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the bargaining power of both the employer and the union. The decision highlighted the importance of ensuring that collective agreements meet the legal standards for approval. The court's approval of the agreement allows it to come into effect, providing a framework for the employment conditions of the employees at Chevron Glass Pty Ltd.

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