National Glass Pty Ltd

[2013] FWCA 214

FAIR WORK COMMISSION

DECISION

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

National Glass Pty Ltd
(AG2012/14451)

NATIONAL GLASS PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 JANUARY 2013

Application for approval of the National Glass Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 December 2012 by National Glass Pty Ltd for the approval of a single-enterprise agreement known as the National Glass Pty Ltd Enterprise Agreement 2012 (“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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Glass Pty Ltd, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the matter brought before Deputy President J D R Richardson. The key issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement had been made 'in good faith' and was 'free of coercion and undue influence.' This was in light of the applicant's argument that the agreement had been made in good faith, despite the employees' union having threatened industrial action if the agreement was not accepted.

The court examined the negotiation process and the circumstances surrounding the agreement. It considered whether the applicant had acted in good faith by providing all relevant information to the union, including the financial position of the company, and whether the union had acted appropriately in its negotiations. The court also assessed whether the employees had been coerced or unduly influenced in their acceptance of the agreement, particularly given the union's threat of industrial action. The court found that the applicant had acted in good faith and that the union had not engaged in coercive or improper conduct. The court concluded that the agreement was made without undue influence and was therefore eligible for approval.

In its decision, the Fair Work Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act 2009. The Commission noted that the applicant had acted in good faith and that the agreement had been made without coercion or undue influence. The court was satisfied that the negotiation process was appropriate and that the employees had been able to make an informed decision regarding the agreement. The decision confirmed that the enterprise agreement would be registered and would come into effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established