Viridian Glass Pty Ltd

[2024] FWCA 3589

[2024] FWCA 3589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd

(AG2024/2861)

VIRIDIAN GLASS TINGALPA AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 14 OCTOBER 2024

Application for approval of the Viridian Glass Tingalpa Agreement 2024

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

1. The Applicant, who is also the employer covered by the Agreement, has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertaking and no objections were raised. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertaking.

1. Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

2. There is an obvious error in clause 31 of the Agreement in that the clause references and references to sections of the Act are incorrect. I provided a provisional view about variations that should be made pursuant to s.218A of the Act and invited the views of the parties. No objections to the proposed course of action were raised.

1. Pursuant to s.218A of the Act the Agreement is varied such that:

• the first reference to ‘Clause XA’ in clause 31 of the Agreement reads as a reference to ‘clause 205A’;

• the reference to ‘Clause XA of the Fair Work Act 2009 (Cth)’ in clause 31.1 of the Agreement reads as a reference to ‘Clause 31 of this Agreement’;

• the reference in the note in clause 31.1 to ‘clause XA’ reads as a reference to ‘clause 31’;

• the reference to ‘clause XA’ in clause 31.2 reads as a reference to ‘clause 31’;

• the reference to ‘clause XA’ in clause 31.3 reads as a reference to ‘clause 31’;

• the reference to ‘clause XA.5’ in clause 31.6(a) reads as a reference to ‘clause 31.5’;

• the reference to clause ‘XA.7(a)’ in clause 31.7(b) reads as a reference to ‘clause 31.7(a)’;

• all references to ‘clause XA’ in clause 31.9 read as a reference to ‘clause 31’.

1. The variation operates from the date the Agreement commences operation.

COMMISSIONER

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Annexure A