Viridian Glass Pty Ltd

[2023] FWCA 80

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd

(AG2022/5575)

VIRIDIAN GLASS PTY LTD INGLEBURN ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JANUARY 2023

Application for approval of the Viridian Glass Pty Ltd Ingleburn Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Ltd Ingleburn Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viridian Glass Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Viridian Glass Pty Ltd Ingleburn Enterprise Agreement 2022 was brought before the Fair Work Commission by the employer, Viridian Glass Pty Ltd. The agreement, which sought to regulate the employment conditions of certain employees, was contested by the union representing the employees, the Transport and General Workers Union. The dispute centred on the terms and conditions of employment, particularly those relating to wages, hours, and other employment entitlements. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it included certain mandatory terms, and whether the agreement had been properly balloted among the employees. Additionally, the court had to consider whether the agreement provided for the protection of employees' rights and interests, particularly in relation to minimum wages and other entitlements.

The court found that the enterprise agreement met all the statutory requirements for approval. It was determined that the agreement was made in good faith, included the necessary mandatory terms, and had been appropriately balloted. The court also concluded that the agreement adequately protected the rights and interests of the employees, ensuring that they received fair wages and conditions of employment. Given these findings, the court approved the Viridian Glass Pty Ltd Ingleburn Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established