Ventora Glass Australia Pty Limited T/A Ventora Glass Australia Pty Limited

[2024] FWCA 2984

[2024] FWCA 2984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventora Glass Australia Pty Limited T/A Ventora Glass Australia Pty Limited

(AG2024/2248)

VENTORA GLASS AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 13 AUGUST 2024

Application for approval of the VENTORA Glass Australia Pty Limited Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the VENTORA Glass Australia Pty Limited Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ventora Glass Australia Pty Limited T/A Ventora Glass Australia Pty Limited. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.

1. Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards. An issue was raised in relation to the national standard for compassionate leave in s.104(1)(c) of the Act. Clause 13.6 of the Agreement provides for compassionate leave; however, it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. In response the Applicant provided an undertaking.

1. A further issue was raised about the requirement in the national standards that employees will be afforded their minimum notice of termination entitlement, see s.117(3) of the Act. Clause 15.6 of the Agreement provides an abandonment clause. This clause does not specifically provide that employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement. In response to this the Applicant provided an undertaking.

1. Section 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). Issues were raised with the applicant going to whether the agreement passes the better off overall test (BOOT) in relation to shift penalties which appeared to be less than the penalties provided for in the Insert Award. In response the applicant provided undertakings.

1. The Agreement does not cover all  of  the  employees  of  the  employer,  however,  taking  into  account  the  factors  in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen

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

1. The Construction, Forestry and Maritime Employees 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.

1. 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.

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

1. The Agreement was approved on 13 August 2024 and, in accordance with s.54, will operate  from  20 August  2023.  The nominal expiry date of the Agreement at Clause 3 is 28 February 2027.   

DEPUTY PRESIDENT

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Annexure A