Oceania Glass Pty Ltd T/A Oceania Glass

[2023] FWCA 2571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceania Glass Pty Ltd T/A Oceania Glass

(AG2023/2499)

OCEANIA GLASS SYDNEY DISTRIBUTION CENTRE AND AWU ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 15 AUGUST 2023

Application for approval of the Oceania Glass Sydney Distribution Centre and AWU Enterprise Agreement 2023-2026.

Oceania Glass Pty Ltd T/A Oceania Glass (the Employer) has made an application for the approval of the Oceania Glass Sydney Distribution Centre and AWU Enterprise Agreement 2023-2026 (the Agreement). The application was made under 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 which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Oceania Glass Pty Ltd, trading as Oceania Glass, for approval of both the Oceania Glass Sydney Distribution Centre and the AWU Enterprise Agreement 2023-2026. The applicant sought to have the agreement registered under the Fair Work Act 2009, which would provide it with legal enforceability. The Australian Workers' Union (AWU) supported the application, while the National Tertiary Education Union (NTEU) opposed it, raising concerns about the agreement's fairness and compliance with relevant labour laws.

The central legal issues revolved around whether the agreement met the criteria for being considered "fair and reasonable" under the Fair Work Act. This included examining if the agreement provided for fair terms and conditions of employment, and whether it adhered to the principles of good faith bargaining. Additionally, the court had to assess if the agreement was genuinely negotiated between the parties and if it contained all the required provisions as stipulated by the Act.

The Commission found that the agreement was the product of genuine and good faith bargaining and met all the statutory requirements for registration. It concluded that the agreement was fair and reasonable, as it provided for fair terms and conditions, and was negotiated in compliance with the Act. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act.

No further orders were made beyond the approval and registration of the agreement. The decision underscored the importance of ensuring that enterprise agreements are the result of genuine negotiations and comply with the statutory framework designed to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established