National Glass Pty Ltd T/A National Glass Pty Ltd

[2024] FWCA 922

[2024] FWCA 922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Glass Pty Ltd T/A National Glass Pty Ltd

(AG2024/321)

NATIONAL GLASS PTY LTD TOWNSVILLE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 14 MARCH 2024

Application for approval of the National Glass Pty Ltd Townsville Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the National Glass Pty Ltd Townsville 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 T/A National Glass Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this is a minor technical error and that pursuant to s.188(5) it may be disregarded.

1. I observe that certain provisions of the Agreement in relation to casual conversion are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

2. The Agreement is approved and in accordance with s.54, will operate from 21 March 2024. The nominal expiry date of the Agreement is 13 March 2027.

COMMISSIONER

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Annexure A