DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Glass Pty Ltd
(AG2017/5902)

NATIONAL GLASS PTY LTD TOWNSVILLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MARCH 2018

Application for approval of the National Glass Pty Ltd Townsville Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the National Glass Pty Ltd Townsville Enterprise Agreement 2017 (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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 20 March 2018 and, in accordance with s.54, will operate from 27 March 2018. The nominal expiry date of the Agreement is 27 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, National Glass Pty Ltd applied for the approval of the Townsville Enterprise Agreement 2017. The applicant, a glass manufacturer, sought to have the agreement, which was to be applied to its employees, certified as a single interest employer agreement. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, arguing that the agreement did not meet the necessary criteria for certification.

The key legal issue before the Commission was whether the Townsville Enterprise Agreement 2017 satisfied the requirements of the Fair Work Act 2009 for it to be approved as a single interest employer agreement. The Commission had to consider whether the agreement was made in good faith and whether it covered a single interest employer. The Commission also needed to determine if the agreement was made in accordance with the process set out in the Act and if it met the criteria for being a single interest employer agreement.

After considering the evidence and submissions from both parties, the Commission found that the Townsville Enterprise Agreement 2017 met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and covered a single interest employer. The Commission also determined that the agreement was made in accordance with the process set out in the Act and met the criteria for being a single interest employer agreement. Consequently, the Commission approved the agreement, allowing it to be applied to the employees of National Glass Pty Ltd in Townsville.

The Commission's final order was that the Townsville Enterprise Agreement 2017 be approved as a single interest employer agreement, effective from the date of the decision. The agreement would now be binding on the parties and could be used to determine the terms and conditions of employment for the employees of National Glass Pty Ltd in Townsville.

National 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