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

[2022] FWCA 2440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Glass Pty Ltd T/A National Glass Pty Ltd

(AG2022/2207)

National Glass Pty Ltd BrisbaneMaintenance Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 JULY 2022

Application for approval of the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2022

National Glass Pty Ltd T/A National Glass Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 20 July 2022 and, in accordance with s 54, will operate from 27 July 2022. The nominal expiry date of the Agreement is 20 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Glass Pty Ltd, trading as National Glass, applied for the approval of the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate, while no other party opposed the approval. The primary legal issue for the Commission to determine was whether the agreement fulfilled all the legislative criteria for approval, including ensuring it did not undermine the safety net of minimum entitlements.

The Fair Work Commission considered the criteria set out in the Fair Work Act, particularly sections 230 and 231, which require an enterprise agreement to provide for fair and reasonable terms and conditions and not to undermine the safety net of minimum entitlements. The Commission assessed the agreement against these provisions and found it to be fair and reasonable. It concluded that the agreement did not undercut the safety net of minimum entitlements, as all employees covered by the agreement would receive at least the minimum wages and conditions provided by the relevant modern award.

After reviewing the agreement, the Fair Work Commission approved the National Glass Pty Ltd Brisbane Maintenance Enterprise Agreement 2022. The Commission was satisfied that the agreement met all necessary legislative criteria and was fair and reasonable. The approval was based on the evidence presented and the Commission's determination that the agreement did not undermine the safety net of minimum entitlements. The Commission's decision was communicated to the parties, and the agreement was formally approved as of the date of the decision.

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