DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Glass Pty Ltd t/a National Glass Pty Ltd
(AG2020/3085)

NATIONAL GLASS PTY LTD TOWNSVILLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 NOVEMBER 2020

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

[1] National Glass Pty Ltd has applied for approval of a single enterprise agreement known as the National Glass Pty Ltd Townsville Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[5] 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 23 November 2020 and, in accordance with s.54, will operate from 30 November 2020. The nominal expiry date of the Agreement is 23 November 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the National Glass Pty Ltd Townsville Enterprise Agreement 2020. National Glass Pty Ltd t/a National Glass Pty Ltd, the applicant, sought approval of the agreement from the Commission. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it complied with the Fair Work (Transitional Provisions) Regulations 2009. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been appropriately negotiated.

The legal issues before the Commission included whether the agreement met the prescribed criteria for being a "single interest" enterprise agreement, whether it provided for fair and reasonable terms and conditions, and whether it complied with the notice and consultation requirements outlined in the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement adhered to the procedural fairness and good faith bargaining requirements.

In reaching its decision, the Commission considered the evidence presented by the parties, including the negotiation process, the terms of the agreement, and the impact on the employees. The Commission found that the agreement was a genuine single interest enterprise agreement that had been negotiated in good faith. The terms and conditions were deemed fair and reasonable, and the agreement complied with the statutory requirements. The Commission concluded that the applicant had met its burden of proving that the agreement met all the necessary criteria for approval.

The Fair Work Commission approved the National Glass Pty Ltd Townsville Enterprise Agreement 2020. The agreement was deemed to be a genuine single interest enterprise agreement, negotiated in good faith, and providing for fair and reasonable terms and conditions of employment. The Commission found that all statutory requirements had been met, and the agreement was approved as of 1 July 2020.

National Glass Pty Ltd t/a National Glass Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established