Viridian Glass Pty Ltd
[2024] FWCA 2456
•2 JULY 2024
| [2024] FWCA 2456 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Viridian Glass Pty Ltd
(AG2024/2288)
VIRIDIAN GLASS PTY LIMITED - WOODVILLE ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 2 JULY 2024 |
Application for approval of the Viridian Glass Pty Limited - Woodville Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Limited - Woodville 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 23 February 2024 and the Agreement was made on 12 June 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 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 2 July 2024 and, in accordance with s.54 of the Act, will operate from 9 July 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.
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