Oceania Glass Pty Ltd T/A Oceania Glass

[2025] FWCA 509

[2025] FWCA 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceania Glass Pty Ltd T/A Oceania Glass

(AG2024/5301)

OCEANIA GLASS DANDENONG AND AWU ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the Oceania Glass Dandenong and AWU Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Oceania Glass Dandenong and AWU Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oceania Glass Pty Ltd T/A Oceania Glass. The Agreement is a single enterprise agreement.

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

1. The Australian Workers' Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The AWU supports approval of the Agreement and are of the view that the Agreement passes the better off overall test.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 2.2.1(d);

·   Clause 4.2.1(a);

·   Clause 4.7.2(e);

·   Clause 5.2.1(b);

·   Clause 6.1;

·   Clause 6.9;

·   Clause 6.11.4(a); and

·   Clause 9.1.7.

However, noting clause 1.8(c) 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

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