Glassco Australia Pty Ltd
[2023] FWCA 1576
•1 JUNE 2023
| [2023] FWCA 1576 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Glassco Australia Pty Ltd
(AG2023/1153)
GLASSCO AUSTRALIA ENTERPRISE AGREEMENT 2023
| Industries not otherwise assigned | |
| COMMISSIONER LEE | MELBOURNE, 1 JUNE 2023 |
Application for approval of the GlassCo Australia Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the GlassCo Australia Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glassco Australia Pty Ltd. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):
· Clause 15.7 – Termination of Employment
However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought to be heard on the basis of being a union bargaining representative. There was consideration of whether employees who were members of the CFMMEU had appointed an employee bargaining representative. Ultimately the CFMMEU indicated that it “no longer objects to this EBA proceeding to certification and approval”. The CFMMEU did raise better off overall concerns, primarily that the Manufacturing and Associated Industries and Occupations Award 2020 was a relevant Award. I have assessed the Agreement against both the Manufacturing and Associated Industries and Occupations Award 2020 and the incorporated Joinery and Building Trades Award 2020. I am satisfied that all employees are better off overall irrespective.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 30 April 2027.
COMMISSIONER
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Annexure A
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