SOLOS Glass (Dandenong) Pty Ltd

[2021] FWCA 6052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SOLOS Glass (Dandenong) Pty Ltd
(AG2021/7323)

SOLOS GLASS (DANDENONG) PTY. LTD ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the SOLOS Glass (Dandenong) Pty. Ltd Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the SOLOS Glass (Dandenong) Pty. Ltd Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SOLOS Glass (Dandenong) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SOLOS Glass (Dandenong) Pty Ltd is the subject of an application to the Fair Work Commission for approval of the SOLOS Glass (Dandenong) Pty Ltd Enterprise Agreement 2021 - 2024. The applicant, SOLOS Glass, is a glass manufacturing company, and the respondent is the United Voice union, representing the employees. The dispute pertains to the terms and conditions of employment, including wages, working hours, leave entitlements, and other workplace standards, as outlined in the proposed agreement. The Fair Work Commission is the tribunal tasked with assessing the application and determining whether the agreement should be approved as a registered agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements for registration, including whether it was made in good faith, whether it contained the minimum terms and conditions set out in the Fair Work Act, and whether it was free from prohibited content. The Commission also needed to consider whether the agreement provided for proper dispute resolution mechanisms and whether it complied with the public interest test. Additionally, the Commission had to assess the extent to which the agreement facilitated meaningful workplace participation by employees.

The Fair Work Commission found that the agreement met the criteria for registration. The Commission was satisfied that the agreement was made in good faith, contained the minimum terms and conditions required by law, and did not include any prohibited content. The agreement provided for appropriate dispute resolution mechanisms, and the Commission was satisfied that it complied with the public interest test. Furthermore, the Commission found that the agreement facilitated meaningful workplace participation by employees through the establishment of various employee representative committees and other mechanisms. Consequently, the Commission approved the SOLOS Glass (Dandenong) Pty Ltd Enterprise Agreement 2021 - 2024 as a registered agreement under the Fair Work Act.

The Commission's final orders included the registration of the SOLOS Glass (Dandenong) Pty Ltd Enterprise Agreement 2021 - 2024 as a registered agreement. The agreement will now be applicable to the employees of SOLOS Glass and will regulate their terms and conditions of employment for the duration of the agreement, which is until 2024. The Commission's decision provides certainty for both the employer and employees and ensures that the workplace is governed by a legally approved and fair enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established