Viridian Glass Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viridian Glass Pty Ltd, an applicant, sought approval of an enterprise agreement from the Fair Work Commission. The respondents to the application included several unions. The dispute centred around the terms and conditions of employment outlined in the proposed Woodville Enterprise Agreement 2024. The Fair Work Commission was tasked with determining whether the agreement met the legislative requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely bargained, free from any improper influences, and whether it met the requirements of the safety net provided by the Act. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements set forth in the Act and whether it provided fair and reasonable terms for the employees covered by the agreement.

In delivering its decision, the Commission found that the agreement was genuinely negotiated between the parties without any improper influences. The Commission also determined that the agreement met the safety net requirements and provided fair and reasonable terms for the employees. Furthermore, the Commission found that the procedural requirements of the Act were satisfied, and there were no grounds for refusing approval of the agreement. Consequently, the Commission approved the Woodville Enterprise Agreement 2024.

The Fair Work Commission approved the Woodville Enterprise Agreement 2024, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the employees covered by the agreement, subject to any further orders or variations that may be made by the Commission in the future.

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