National Glass Pty Ltd

[2025] FWCA 2340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Glass Pty Ltd

(AG2025/2187)

NATIONAL GLASS PTY LTD BRISBANE MAINTENANCE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 16 JULY 2025

Application for approval of the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Glass Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Commissioner McCabe, was tasked with approving the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2025. The application was brought by the employer, National Glass Pty Ltd, and the applicant union was the Transport Workers Union of Australia. The primary dispute centred around whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees it was intended to cover.

The central legal issues that the Commission needed to address were whether the agreement provided for the proper administration of employees' wages and conditions, and if it complied with the procedural requirements outlined in the Fair Work Act 2009. Furthermore, the Commission had to consider if the agreement was negotiated in good faith and if it contained appropriate dispute resolution processes.

After a thorough examination of the evidence presented by both parties, the Commission determined that the agreement was in the best interests of the employees. The agreement was found to provide for fair wages and conditions, and it complied with the procedural requirements of the Act. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and included appropriate dispute resolution mechanisms. Consequently, the Commission approved the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established