Oceania Glass Pty Ltd T/A Oceania Glass Summary

[2022] FWCA 2514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceania Glass Pty Ltd T/A Oceania Glass

(AG2022/2411)

Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 JULY 2022

Application for approval of the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022 (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.

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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 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.

The Australian Workers’ Union 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2022. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the case involved Oceania Glass Pty Ltd trading as Oceania Glass, which applied for the approval of the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022. The Australian Workers' Union, which represents employees, did not oppose the application but did raise certain issues regarding the agreement's provisions. The central legal issues the Commission had to decide upon were whether the agreement complied with the Fair Work Act 2009, particularly sections concerning minimum entitlements and allowable deductions, and if it adhered to the requirements of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission evaluated the agreement against statutory provisions, ensuring that the terms and conditions were fair and reasonable. The Commission considered the nature of the enterprise and the bargaining process leading to the agreement. It examined if the agreement provided for fair and reasonable minimum terms and conditions, including rates of pay, leave entitlements, and penalty rates. The Commission also assessed the deductions from employees' wages, ensuring they were lawful and reasonable, and scrutinised the process by which the agreement was reached, to confirm it complied with relevant legislative requirements.

Upon reviewing the evidence and submissions, the Commission found the agreement to be fair and reasonable. It was satisfied that the agreement provided for adequate minimum terms and conditions of employment, and that the deductions were lawful. The Commission concluded that the agreement was made in good faith and adhered to the statutory requirements for enterprise agreements. Consequently, the Fair Work Commission approved the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022.

The final orders of the Commission were to approve the enterprise agreement, effective from the date specified within the agreement. This approval means that the terms and conditions set out in the agreement are now legally binding on the parties.

Oceania Glass Pty Ltd T/A Oceania Glass

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established