Viridian Glass Pty Ltd

[2021] FWCA 6909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd

(AG2021/8408)

Viridian Glass Pty Ltd - Rokeby Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 30 NOVEMBER 2021

Application for approval of the Viridian Glass Pty Ltd - Rokeby Agreement 2021.

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

The Agreement lodged contained a number of cross-referencing errors and the Employer filed an amended version of the Agreement correcting those errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of Viridian Glass Pty Ltd involved a dispute regarding the approval of an industrial agreement. The matter concerned the proposed agreement between Viridian Glass Pty Ltd and the relevant unions, which was submitted for approval under the Fair Work Act 2009. The central issue was whether the agreement met the necessary criteria for approval, particularly whether it provided fair and reasonable terms for the employees covered by the agreement. The court was tasked with determining if the agreement complied with the provisions of the Fair Work Act and if it facilitated productive workplace relations.

The court considered several key legal issues. Foremost, it had to ascertain whether the agreement provided for fair and reasonable terms for the employees, as required by section 235 of the Fair Work Act. This involved assessing whether the agreement addressed the employees' interests in a balanced and fair manner, including considerations of pay, conditions, and dispute resolution mechanisms. Additionally, the court had to determine if the agreement facilitated productive workplace relations, as stipulated by section 231 of the Act. This required an evaluation of whether the agreement promoted harmonious and efficient industrial relations.

The court, after thorough examination of the agreement and the submissions from both parties, concluded that the proposed Viridian Glass Pty Ltd - Rokeby Agreement 2021 was fair and reasonable for the employees. The agreement was deemed to provide appropriate terms and conditions that balanced the interests of both the employer and the employees. Furthermore, the court found that the agreement facilitated productive workplace relations by incorporating effective dispute resolution mechanisms and promoting harmonious industrial relations. Consequently, the court approved the agreement, finding it to be compliant with the statutory requirements under the Fair Work Act.

The final orders of the court were that the Viridian Glass Pty Ltd - Rokeby Agreement 2021 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to come into effect, governing the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established