National Glass Pty Ltd t/a National Glass Pty Ltd

[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

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, National Glass Pty Ltd t/a National Glass Pty Ltd sought approval of the National Glass Pty Ltd Brisbane Enterprise Agreement 2024. The applicant, National Glass Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), had entered into the agreement, which proposed changes to the terms and conditions of employment for employees in the Brisbane branch of the business. The dispute arose as the respondent, Queensland Building and Construction General On-Site Workers Union, objected to the agreement, arguing it did not meet the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the formal requirements for approval and whether it contained the necessary protections for employees. The Commission had to determine if the agreement was made in good faith, if it contained minimum entitlements, and if it was consistent with the Fair Work Act's objectives. Additionally, the Commission needed to consider the objections raised by the respondent and assess if the agreement met the criteria for approval.

The Commission carefully reviewed the agreement and the objections raised. It found that the agreement was made in good faith and contained all the necessary minimum entitlements. The Commission also considered the respondent's objections, but ultimately determined that they did not undermine the validity of the agreement. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act and was consistent with its objectives. Therefore, the Commission approved the National Glass Pty Ltd Brisbane Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established