DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Glass Pty Ltd
(AG2017/5916)

NATIONAL GLASS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the National Glass Pty Ltd 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 9 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Glass Pty Ltd, an employer, applied to the Fair Work Commission for approval of the National Glass Pty Ltd Enterprise Agreement 2017. The application followed a successful ballot of the employees covered by the agreement, which indicated majority support for the proposed terms. The dispute centred on whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it met the criteria for being deemed a "modern award." The Fair Work Commission was tasked with determining whether the agreement was in the public interest and whether it provided for the minimum entitlements required by the Act.

The central legal issues involved whether the agreement contained all the permissible matters, whether it ensured employees' minimum entitlements, and whether it met the "better off overall test" (BOOT). The Commission also examined whether the agreement was free from any discriminatory provisions and whether it adhered to the procedural fairness requirements. Furthermore, the Commission considered whether the agreement's terms were consistent with Australia's international obligations under relevant treaties and conventions.

The Commission found that the agreement met all the necessary legal requirements. It contained all permissible matters and ensured that employees were not worse off overall. The Commission confirmed that the agreement provided for the minimum entitlements as stipulated by the Act and did not include any discriminatory provisions. Additionally, the Commission was satisfied that the agreement was consistent with Australia's international obligations. Given these findings, the Commission approved the agreement, determining it to be in the public interest. The employer and employees could now proceed under the terms of the approved enterprise agreement.

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