Viridian Glass Pty Ltd

[2025] FWCA 2381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd

(AG2025/2200)

VIRIDIAN GLASS PTY LTD MORWELL AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 21 JULY 2025

Application for approval of the Viridian Glass Pty Ltd Morwell Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Ltd Morwell Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Viridian Glass Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

Clause 5a of the Agreement states that the Agreement incorporates ‘the specified terms of the Joinery and Building Trades Award 2020 (“Award”) in operation at the time of making this Agreement, provided that where there is any inconsistency between the express terms of this Agreement and the incorporated terms of the Award, the terms of the Agreement will prevail to the extent of any inconsistency.’ Through correspondence with the parties, it was confirmed that this meant that the Award was wholly incorporated, provided that where there is any inconsistency between the express terms of this Agreement and the incorporated terms of the Award, the terms of the Agreement will prevail to the extent of any inconsistency.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

Annual Leave: Clause 11a of the Agreement states that leave shall be taken at times during the year as agreed between the Employee and the Company. Section 88 of the Act states that the Employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

Personal/ Carer’s Leave: Clause 13 of the Agreement states that personal/ carer’s leave is leave to which an Employee other than a casual Employee is entitled without loss or pay because of their personal illness or injury and that if the Company requires, an Employee must provide a medical certificate from a registered health practitioner if they are absent for more than two consecutive working days and for more than two single day absences. Section 97 of the Act specifies the circumstances in which employees may take personal/ carer’s leave and s. 107 of the Act states that the evidence required for personal/ carer’s leave should be that which would satisfy a reasonable person.

However, noting clause 5b of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 28 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Viridian Glass Pty Ltd is a company operating in the glass manufacturing industry, and the matter before the Fair Work Commission involved an application for the approval of the Viridian Glass Pty Ltd Morwell Enterprise Agreement 2025. The dispute centred around whether the enterprise agreement, which aimed to regulate the terms and conditions of employment for the company's workers, complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the commission were whether the agreement satisfied the requirements for 'bargaining representative approval', including whether it was made in good faith and whether it was properly certified. Additionally, the commission had to consider whether the agreement complied with the 'better off overall test' and whether it contained provisions that were contrary to public policy or contrary to the provisions of the National Employment Standards.

The commission found that the enterprise agreement met the necessary criteria for approval. It was certified by a certified bargaining representative and demonstrated evidence of good faith bargaining. The commission was satisfied that the agreement was not contrary to public policy or the National Employment Standards, and it met the 'better off overall test', ensuring that the employees were not worse off financially or in terms of conditions compared to their previous agreements. Consequently, the commission approved the agreement, finding it to be fair and reasonable for the employees covered by it. The final orders included the approval and registration of the Viridian Glass Pty Ltd Morwell Enterprise Agreement 2025, effective from the date of the decision.

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Background to the litigation

Evidence Before The Court

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Legal Principle Established