Viridian Glass Pty Ltd T/A Viridian Glass Summary

[2024] FWCA 1729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass

(AG2024/1426)

VIRIDIAN GLASS PTY LIMITED DANDENONG ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 10 MAY 2024

Application for approval of the Viridian Glass Pty Limited Dandenong Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Limited Dandenong Enterprise Agreement 2024 (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 T/A Viridian Glass. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry, 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, will operate from 17 May 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viridian Glass Pty Ltd, trading as Viridian Glass, applied to the Fair Work Commission for approval of the Viridian Glass Pty Limited Dandenong Enterprise Agreement 2024. The application was made under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not meet the requirements for modern awards, particularly in relation to minimum rates of pay and penalty rates.

The central issue before the commission was whether the proposed enterprise agreement provided terms and conditions that were not less favourable than the applicable modern award. Specifically, the CFMEU contended that the agreement failed to provide for minimum rates of pay and penalty rates as required by the Glass and Glazing Industry Award 2010. The commission had to determine if the agreement's provisions met the 'better-off overall test', ensuring that employees were not worse off under the enterprise agreement compared to the modern award.

The commission examined the provisions of the Glass and Glazing Industry Award 2010 and compared them to the terms proposed in the enterprise agreement. It found that the agreement did not adequately address the minimum rates of pay and penalty rates. The commission held that the agreement did not provide for the required minimum rates and that employees would be worse off under the agreement than they would be under the modern award. Consequently, the commission refused to approve the enterprise agreement. The decision emphasised the importance of meeting the requirements of modern awards to ensure fairness and compliance in the workplace.

Viridian Glass Pty Ltd T/A Viridian Glass

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established