DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viridian Glass Pty Ltd
(AG2019/4916)

VG - TINGALPA B ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 FEBRUARY 2020

Application for approval of the VG - Tingalpa B Enterprise Agreement 2019.

[1] Viridian Glass Pty Ltd T/A Viridian Glass (the Employer) has applied for the approval of an enterprise agreement known as the VG - Tingalpa B Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the two employee bargaining representatives for the Agreement regarding the undertakings. On 14 February 2020, the Employer provided to my chambers a copy of the undertakings signed by both the employee bargaining representatives stating that they support the Employer’s undertakings. It is not necessary for employee bargaining representatives to sign the undertakings provided by the Employer, however it is noted.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] On 17 January 2020, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) filed an ‘Form F18 – Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement (other than a greenfields agreement)’ to my chambers stating that it was a bargaining representative of an employee who will be covered by the Agreement. On 31 January 2020, the Employer filed written submissions stating that the CFMMEU was not a bargaining representative for the Agreement, as there are two employees covered by the Agreement who both appointed themselves to be their own employee bargaining representatives. The bargaining representative nominations were provided to the Commission. It is noted that each of the two employees wrote a hand written notification nominating themself.

[5] On 14 February 2020, the CFMMEU filed submissions to my chambers stating that it was a bargaining representative and raising certain concerns about the Agreement. On 17 February 2020, I convened a conference between the Employer and the CFMMEU.

[6] The CFMMEU was invited to provided any further material it wished for the Commission’s consideration. On 19 February 2020, the CFMMEU communicated that it had nothing further to add relevant to the application.

[7] Having regard to the submissions provided, I am satisfied that the two employees appointed themselves as employee bargaining representatives in accordance with s.176(1)(c) of the Act.

[8] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

Viridian Glass Pty Ltd, the employer, sought approval of the VG-Tingalpa B Enterprise Agreement 2019 from the Fair Work Commission (FWC). This enterprise agreement sought to alter the terms and conditions of employment for certain employees. The application was made under the Fair Work Act 2009, and the FWC was required to determine whether the agreement was appropriate for registration.

The primary legal issues before the FWC were whether the agreement met the criteria for registration under section 232 of the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for a fair and efficient workplace, was free from coercion and undue influence, and was in the best interests of the employees. Additionally, the FWC had to assess if the agreement complied with the applicable provisions of the National Employment Standards (NES).

The FWC determined that the agreement met the statutory requirements for registration. It found that the agreement provided for fair and efficient workplaces, was free from coercion and undue influence, and was in the best interests of the employees. The FWC also found that the agreement complied with the NES, ensuring that the employees' rights were protected. After considering all relevant factors, the FWC approved the VG-Tingalpa B Enterprise Agreement 2019 for registration.

The FWC ordered the registration of the VG-Tingalpa B Enterprise Agreement 2019, effective from the date of the decision. This registration ensures that the terms and conditions of employment for the affected employees are governed by the provisions of the agreement, providing certainty and stability in the workplace.

Viridian Glass Pty Ltd

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established