Glassco Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Glassco Australia Pty Ltd applied to the Fair Work Commission for the approval of the GlassCo Australia Enterprise Agreement 2023, which was entered into with its employees represented by the Australian Manufacturing Workers' Union. The application was opposed by the Australian Manufacturing Workers' Union and a number of employees. The nature of the dispute was whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for the modern award provisions, whether it complied with the "better off overall test", and whether it contained all the "protected actions" as required by the Act.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. It provided for the modern award provisions, and the employees who were party to the agreement were better off overall when compared to the applicable modern award. The Commission also determined that the agreement contained all the necessary protected actions. The Commission was satisfied that the agreement was not only fair but also conducive to the improvement of workplace relations between the parties. The application was approved.

The Fair Work Commission approved the GlassCo Australia Enterprise Agreement 2023. The approval took effect from 1 July 2023. The agreement will now apply to all employees of Glassco Australia Pty Ltd who are party to the agreement. The approval ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009.

Glassco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established