National Glass Pty Ltd T/A National Glass Pty Ltd

[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

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.

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.

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.

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.

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.
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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by National Glass Pty Ltd for approval of the Townsville Enterprise Agreement 2024. The applicant, trading as National Glass, sought to enter into a new enterprise agreement with its employees in the Townsville region. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard by the Commission, which had to determine if the agreement was fair and appropriate in all respects.

The key legal issues that the Commission addressed were whether the agreement provided for terms and conditions that were fair and reasonable for the employees, whether it had been negotiated in good faith, and whether it complied with all relevant provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement included all the necessary minimum entitlements and whether it had been appropriately certified by an independent certifier. The fairness and reasonableness of the agreement's terms were central to the decision, as the Commission had to ensure that it did not disadvantage any party.

In delivering its decision, the Commission carefully examined the proposed agreement against the legal criteria established under the Fair Work Act. The Commission noted that the agreement contained provisions that aligned with the minimum standards set by the Act and observed that it had been certified as meeting the good faith negotiation requirement. The Commission found that the terms of the agreement were fair and reasonable, taking into account the nature of the industry, the economic context, and the specific circumstances of the employees. After considering all the evidence and submissions, the Commission determined that the agreement was appropriate for approval.

Accordingly, the Commission approved the National Glass Pty Ltd Townsville Enterprise Agreement 2024. The approval was based on the conclusion that the agreement was fair and reasonable, complied with the relevant provisions of the Fair Work Act, and had been negotiated in good faith. The decision ensures that the employees of National Glass in the Townsville region will be governed by the terms of the new agreement, which aims to provide a fair and balanced set of conditions for both the employer and the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established