DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Glass Pty Ltd
(AG2015/333)

NATIONAL GLASS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 MARCH 2015

Application for approval of the National Glass Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 February 2015 by National Glass Pty Ltd for the approval of a single-enterprise agreement known as the National Glass Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

National Glass Pty Ltd, the applicant, sought approval of the National Glass Pty Ltd Enterprise Agreement 2015. The Fair Work Commission was the tribunal before which the application was made. The applicant argued that the agreement was appropriate for the workers and businesses involved. The Australian Manufacturing Workers Union, as a respondent, opposed the application on the grounds that the agreement did not adequately provide for the protection of employees' rights.

The primary legal issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing if the agreement was a "better off overall test" (BOOT) agreement, meaning it provided employees with no less than the applicable award or safety net. The Commission had to determine if the agreement fairly reflected the bargaining positions of both parties and if it complied with the procedural fairness requirements.

In its decision, the Commission examined the terms of the agreement and considered the evidence presented by both parties. The Commission found that the agreement did indeed meet the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement provided for a BOOT, taking into account the specific circumstances of the parties involved. The Commission also found that the agreement was made in accordance with the procedural fairness requirements. Consequently, the application for approval of the National Glass Pty Ltd Enterprise Agreement 2015 was approved.

The Fair Work Commission approved the National Glass Pty Ltd Enterprise Agreement 2015, finding it to be a BOOT agreement and compliant with the procedural fairness requirements. The Commission found that the agreement was appropriate for the workers and businesses involved. This decision provides clarity for both the applicant and the union regarding the terms of the agreement and ensures that the rights of employees are adequately protected.

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