Viridian Glass Pty Ltd Summary

[2024] FWCA 3143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Viridian Glass Pty Ltd

(AG2024/2860)

VIRIDIAN GLASS PTY LTD - CANBERRA ENTERPRISE AGREEMENT 2024

Manufacturing and Associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 29 AUGUST 2024

Application for approval of the Viridian Glass Pty Ltd - Canberra Enterprise Agreement 2024

Introduction

Viridian Glass Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Viridian Glass Pty Ltd - Canberra Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Schedule E. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viridian Glass Pty Ltd applied to the Fair Work Commission for approval of the Viridian Glass Pty Ltd - Canberra Enterprise Agreement 2024. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including that it provided for a genuine bargain, and did not adversely affect the safety and health of employees.

The Commission examined whether the agreement complied with the requirements of the Act, specifically considering the balance of power between the parties, the terms and conditions of employment, and the provisions concerning safety and health. The Commission also assessed whether the agreement was fairly negotiated and whether it contained adequate provisions for dispute resolution. The applicant argued that the agreement was a genuine bargain and did not adversely affect the safety and health of employees. The Commission determined that the agreement met the criteria for approval, finding that it provided for a genuine bargain and did not adversely affect the safety and health of employees.

The Commission approved the agreement, highlighting the importance of fair and genuine negotiations in enterprise agreements. It noted that the agreement contained provisions for dispute resolution, which were crucial for ensuring that any issues arising under the agreement could be resolved in a fair and timely manner. The Commission also found that the agreement provided for adequate terms and conditions of employment, including provisions for hours of work, leave, and termination of employment.

The Fair Work Commission approved the Viridian Glass Pty Ltd - Canberra Enterprise Agreement 2024, confirming that it met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for a genuine bargain and did not adversely affect the safety and health of employees. The Commission also noted the importance of fair and genuine negotiations in enterprise agreements and the need for adequate provisions for dispute resolution.

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