National Glass Pty Ltd t/a National Glass Pty Ltd
[2025] FWCA 102
•13 JANUARY 2025
| [2025] FWCA 102 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
National Glass Pty Ltd t/a National Glass Pty Ltd
(AG2024/4746)
NATIONAL GLASS PTY LTD BRISBANE ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 13 JANUARY 2025 |
Application for approval of the National Glass Pty Ltd Brisbane Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the National Glass Pty Ltd Brisbane Enterprise Agreement 2024 (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.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 4.1of the Agreement provides that:
“This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (the Act). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.”
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 32A Workplace delegates’ rights, in the Joinery and Building Trades Award 2020 is to be taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, by operation of clause 3.2 of the Agreement, three years from the date of this approval, being 13 January 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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