DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noble Park Glass
(AG2015/3101)

NOBLE PARK GLASS ENTERPRISE BARGAINING AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 JULY 2015

Application for approval of the Noble Park Glass Enterprise Bargaining Agreement 2015-2018.

[1] An application has been made for approval of a single-enterprise agreement known as the Noble Park Glass Enterprise Bargaining Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nobel Park Glass.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 9 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Noble Park Glass Enterprise Bargaining Agreement 2015-2018. The application was made by the employer, Noble Park Glass, a manufacturer of glass products, and the union representing the employees, United Voice Victoria. The dispute centred on the terms and conditions of employment for the employees of Noble Park Glass, including wages, working hours, leave entitlements, and other workplace arrangements.

The primary legal issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth) and was fair and reasonable in all its terms. The FWC considered whether the agreement provided for minimum entitlements, protected employees from adverse action, and was not contrary to public policy. The FWC also had to ensure that the agreement was not discriminatory, did not promote industrial action, and did not negatively impact the safety and health of employees.

After considering the evidence and submissions from both parties, the FWC found that the proposed agreement was fair and reasonable in all its terms. The FWC noted that the agreement provided for minimum entitlements and included provisions for flexible working arrangements, parental leave, and dispute resolution mechanisms. The FWC also considered that the agreement was not discriminatory, did not promote industrial action, and did not negatively impact the safety and health of employees. The FWC approved the agreement, which will now be binding on both parties for the period of 2015-2018.

Noble Park Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established