Ventora Glass Australia Pty Limited

[2024] FWCA 4395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventora Glass Australia Pty Limited

(AG2024/4424)

VENTORA GLASS QLD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 DECEMBER 2024

Application for approval of the Ventora Glass QLD Enterprise Agreement 2024

Ventora Glass Australia Pty Limited has made an application for approval of an enterprise agreement known as the Ventora Glass QLD Enterprise Agreement 2024 (the Agreement) pursuant to 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 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 10 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventora Glass Australia Pty Limited sought approval of the Ventora Glass QLD Enterprise Agreement 2024 from the Fair Work Commission. The application was brought by the company, with the Australian Manufacturing Workers' Union as the registered union. The dispute concerned the terms and conditions of employment for workers within the glass manufacturing industry in Queensland.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it contained the minimum entitlements required under the relevant awards. The Commission needed to determine if the agreement was made in good faith, if it covered only matters that were negotiable, and whether it provided fair and reasonable terms and conditions for the employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and covered only negotiable matters. The Commission considered the submissions from both parties and concluded that the agreement provided fair and reasonable terms and conditions for the employees, including appropriate pay rates and conditions. The Commission approved the agreement, finding that it met all the statutory requirements and did not disadvantage the employees.

No further orders were made beyond the approval of the agreement. The decision was made on the basis that the agreement was in the best interests of the employees and provided a fair and reasonable outcome for all parties involved. The Commission's approval of the agreement was a significant step forward in ensuring that the employees within the glass manufacturing industry in Queensland would have secure and fair terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established