National Glass Pty Ltd T/A National Glass Pty Ltd Summary

[2022] FWCA 3267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

National Glass Pty Ltd T/A National Glass Pty Ltd

(AG2022/3043)

National Glass Pty Ltd Townsville Enterprise Agreement 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 19 SEPTEMBER 2022

Application for variation of the National Glass Pty Ltd Townsville Enterprise Agreement 2020

An application has been made for approval of a variation to the National Glass Pty Ltd Townsville Enterprise Agreement 2020 (the Agreement). The application was made by National Glass Pty Ltd T/A National Glass Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (Cth) (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 19 September 2022.

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, trading as National Glass, to vary certain terms and conditions of the National Glass Pty Ltd Townsville Enterprise Agreement 2020. The application sought to introduce changes relating to shift patterns, pay rates, and other employment conditions for employees covered by the enterprise agreement. The dispute centred around the employer's desire to implement new operational strategies which required adjustments to the existing employment terms.

The central legal issues before the Commission included whether the proposed changes constituted a "genuine" attempt to improve the productivity, efficiency, or profitability of the employer and whether the changes were fair and reasonable in all circumstances. Additionally, the Commission had to consider whether the changes would cause undue hardship to the employees affected by the proposed amendments. The Fair Work Act 2009 provided the statutory framework for these considerations, emphasising the importance of maintaining a balance between the interests of employers and employees.

The Commission carefully evaluated the evidence and submissions from both parties. It found that the proposed changes were integral to the employer's strategic objectives and would likely enhance operational efficiency without compromising the employees' interests unduly. The Commission acknowledged the employer's legitimate business reasons for seeking the changes and concluded that the modifications were fair and reasonable. Accordingly, the application was approved, and the enterprise agreement was varied as requested.

The final orders included the implementation of the modified shift patterns and pay rates as outlined in the employer's application, effective from the date of the decision. The varied terms were to be communicated to all affected employees, and the updated enterprise agreement was to reflect the changes approved by the Commission.

National Glass Pty Ltd T/A National Glass Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established