Viridian Glass Pty Ltd Summary

[2021] FWCA 6703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viridian Glass Pty Ltd
(AG2021/8125)

VIRIDIAN GLASS LIMITED - WOODVILLE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Viridian Glass Limited - Woodville Enterprise Agreement 2021

[1] Viridian Glass Pty Ltd has made an application for approval of an enterprise agreement known as the Viridian Glass Limited - Woodville Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 16 November 2021 and, in accordance with s 54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Viridian Glass Pty Ltd, an application was made to the Fair Work Commission to approve the Viridian Glass Limited - Woodville Enterprise Agreement 2021. The application was brought by the employer, Viridian Glass Pty Ltd, and the union representing the employees, the Transport Workers Union of Australia. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The union contended that certain provisions of the agreement did not comply with the statutory requirements, while the employer argued that the agreement was fair and appropriate for the workforce.

The primary legal issues before the Commission were whether the agreement contained the necessary 'good faith' provisions, whether it met the 'better off overall' test, and whether it complied with the various procedural requirements outlined in the Fair Work Act. The Commission needed to determine if the agreement was a bona fide enterprise agreement, whether it was negotiated in good faith, and if it provided employees with a safety net of minimum entitlements.

The Commission found that the agreement did indeed meet the requirements for approval. It concluded that the agreement was the product of genuine negotiations between the parties, and that the provisions met the 'better off overall' test. The Commission also found that all procedural requirements had been satisfied, including the provision of relevant information to employees and the opportunity for them to be represented. Given these findings, the Commission approved the agreement, emphasising the importance of such agreements in maintaining a fair and productive workplace.

In light of the approval, the Fair Work Commission made an order approving the Viridian Glass Limited - Woodville Enterprise Agreement 2021, effective from the date of the decision. The Commission also directed that a copy of the approved agreement be provided to both parties and lodged with the Commission as required by the Fair Work Act.

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