Viridian Glass Pty Ltd T/A Viridian Glass

[2023] FWCA 1538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass

(AG2023/1362)

VIRIDIAN GLASS PTY LTD – TINGALPA GLAZING ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 29 MAY 2023

Application for approval of the Viridian Glass Pty Ltd – Tingalpa Glazing Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Ltd – Tingalpa Glazing Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Viridian Glass Pty Ltd T/A Viridian Glass (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted an undertaking from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Viridian Glass Pty Ltd trading as Viridian Glass, applied for the approval of the Viridian Glass Pty Ltd – Tingalpa Glazing Enterprise Agreement 2022. The application was opposed by the Australian Building and Construction Industry Employees and Builders Labourers Federation Queensland Branch. The dispute centred on whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it met the threshold for being an improved-off agreement.

The court was required to consider whether the agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable awards, and whether the agreement provided for a shift towards self-regulation. Additionally, the court had to assess whether the agreement was an improved-off agreement as it required employees to give up some benefits for other advantages. The court needed to balance the interests of the employer, employees, and the broader industry standards.

The Fair Work Commission found that the proposed agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable awards, and it also facilitated a move towards self-regulation. The Commission was satisfied that the agreement met the threshold for being an improved-off agreement, as it provided employees with benefits such as higher wages and additional leave entitlements, while also requiring them to give up some other benefits. The Commission approved the application, and the Viridian Glass Pty Ltd – Tingalpa Glazing Enterprise Agreement 2022 was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established