DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass
(AG2019/4982)

VIRIDIAN GLASS LIMITED - CANBERRA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 JANUARY 2020

Application for approval of the Viridian Glass Limited - Canberra Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Viridian Glass Limited - Canberra Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Viridian Glass Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2019. The nominal expiry date of the Agreement is 30 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Viridian Glass Limited - Canberra Enterprise Agreement 2019. This application was lodged with the Fair Work Commission (FWC), which is the Australian workplace relations tribunal. The agreement in question sought to set out the terms and conditions of employment for employees of Viridian Glass Limited, a company operating in the glass manufacturing industry, within the Canberra region. The application for approval was brought forth to ensure that the proposed agreement met the necessary legal standards and was fair and reasonable for both the employees and the employer.

The primary legal issues before the FWC were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and whether it met the 'better off overall test' (BOOT). The BOOT requires that employees must not be worse off financially under the new agreement compared to their existing terms and conditions. The FWC also needed to determine whether the agreement included appropriate minimum wages, leave entitlements, and other essential conditions of employment. Additionally, the FWC had to consider whether the agreement had been genuinely negotiated between the employer and the employees or their representatives.

In reaching its decision, the FWC thoroughly examined the provisions of the proposed agreement and compared them against the legal requirements and the BOOT. The FWC found that the agreement contained all necessary minimum entitlements and that it did not disadvantage employees financially. The FWC also concluded that the agreement had been genuinely negotiated and represented the interests of both parties. Consequently, the FWC approved the Viridian Glass Limited - Canberra Enterprise Agreement 2019, finding that it complied with all legal requirements and met the BOOT.

The final orders of the FWC included the approval of the Viridian Glass Limited - Canberra Enterprise Agreement 2019, which would now be in effect for the specified period and cover the relevant employees. The FWC's decision provided clarity and legal certainty for both Viridian Glass Limited and its employees regarding their employment terms and conditions. The approval of the agreement ensures that the rights and obligations of both parties are properly regulated under the Fair Work Act 2009 (Cth).

VIRIDIAN GLASS LIMITED - CANBERRA ENTERPRISE AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established