Viridian Glass Pty Ltd

[2024] FWCA 3606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd

(AG2024/3357)

VIRIDIAN GLASS PTY LIMITED - ALBURY ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 16 OCTOBER 2024

Application for approval of the Viridian Glass Pty Limited - Albury Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Limited - Albury Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Viridian Glass Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 11 March 2024 and the Agreement was made on 2 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The Construction, Forestry and Maritime Employees Union (CFMEU), 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 was approved on 16 October 2024 and, in accordance with s.54 of the Act, will operate from 23 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

Viridian Glass Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The application involved the terms and conditions of employment for the company's employees. The legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the provisions for employee representation and procedural fairness.

The Fair Work Commission examined whether the proposed agreement provided adequate mechanisms for employee representation and if the processes outlined for addressing workplace disputes were fair and effective. The company argued that the agreement was in line with the legislative requirements, while a union representing the employees contended that certain provisions fell short of ensuring proper representation and procedural fairness.

After careful consideration, the Fair Work Commission found that while the majority of the agreement was compliant, some provisions concerning employee representation and dispute resolution mechanisms did not sufficiently meet the legislative standards. Consequently, the Commission refused to approve the agreement in its current form, requiring amendments to address these deficiencies. The Commission outlined specific changes necessary to ensure compliance with the Fair Work Act. Pending these amendments, the application remains pending for further consideration.

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