Viridian Glass Pty Ltd Summary

[2022] FWCA 93

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd

(AG2021/8870)

Viridian glass pty limited ingelburn enterprise agreement 2021

Manufacturing and associated industries
Commissioner Matheson	SYDNEY, 13 JANUARY 2022

Application for approval of the Viridian Glass Pty Limited Ingleburn Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Limited Ingleburn Enterprise Agreement 2021 (Agreement). The application was made by Viridian Glass Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Since the application was made, the Commission sought further information in relation to pre-approval requirements. The Applicant provided further information in response on 12 January 2022.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Workers’ Union and Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2022. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Viridian Glass Pty Ltd, the Fair Work Commission (FWC) considered an application for approval of the Viridian Glass Pty Limited Ingleburn Enterprise Agreement 2021. The dispute arose between the employer and the union, which sought to have the agreement approved under section 231 of the Fair Work Act 2009. The union argued that the agreement was in the best interests of the employees, while the employer contended that certain aspects of the agreement were not conducive to the business's operational needs.

The legal issues that the FWC was required to decide included whether the agreement met the "better off overall test" as required by section 230 of the Fair Work Act, and whether it complied with all the provisions of the Act. A significant point of contention was the interpretation of the term "better off overall," and whether the proposed changes in the agreement would lead to improved conditions for the employees. The FWC also had to consider whether the agreement provided for procedural fairness, as required by the Act.

In its decision, the FWC found that the agreement was in the best interests of the employees, as it provided for better pay and conditions than those provided under the applicable award. The FWC determined that the agreement met the "better off overall test" because the employees would receive additional benefits, including salary increases and other improvements to their working conditions. The FWC also found that the agreement was procedurally fair and complied with all relevant provisions of the Fair Work Act. As a result, the FWC approved the Viridian Glass Pty Limited Ingleburn Enterprise Agreement 2021.

The FWC's final orders included the approval of the agreement and the setting aside of any previous agreements between the parties. The new agreement would now govern the employment conditions of the relevant employees. The FWC also directed that the agreement be registered with the Fair Work Commission, and that any disputes arising under the agreement be referred to the FWC for resolution.

Viridian Glass Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established