Viridian Glass Pty Ltd T/A Viridian Glass

[2024] FWCA 3353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass

(AG2024/3290)

VIRIDIAN GLASS PTY LTD – NEWCASTLE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 24 SEPTEMBER 2024

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

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Ltd - Newcastle Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Viridian Glass Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Viridian Glass Pty Ltd, trading as Viridian Glass, sought approval for its proposed enterprise agreement with its employees. The enterprise agreement in question was the Viridian Glass Pty Ltd - Newcastle Enterprise Agreement 2024. The dispute centred around whether the proposed terms of the agreement met the requirements under the Fair Work Act 2009 for approval and registration by the Commission.

The central legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, if it met the criteria for being a low paid industry agreement, and whether the process by which the agreement was negotiated and executed was fair and appropriate. Additionally, the Commission needed to determine if the agreement contained all the mandatory terms required by the Fair Work Act and if it complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement was genuine, meeting all the necessary criteria for approval. The Commission noted that the agreement was negotiated in good faith and contained all the mandatory terms required by the Fair Work Act. The process of negotiation was deemed fair and appropriate, and the agreement was considered to be in the best interests of the employees. The Commission approved the proposed enterprise agreement and ordered that it be registered.

The Commission's decision effectively resolves the dispute, and the Viridian Glass Pty Ltd - Newcastle Enterprise Agreement 2024 will now be binding on the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established