Viridian Glass Pty Ltd T/A Viridian Glass

[2023] FWCA 625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass

(AG2022/5496)

Viridian Glass Pty Limited – Newcastle Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 24 FEBRUARY 2023

Application for approval of the Viridian Glass Pty Limited – Newcastle Enterprise Agreement 2022.

Viridian Glass Pty Ltd T/A Viridian Glass (the Employer) has made an application for the approval of the Viridian Glass Pty Limited – Newcastle Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 30 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Viridian Glass Pty Ltd trading as Viridian Glass, applied to the Fair Work Commission for approval of the Viridian Glass Pty Limited – Newcastle Enterprise Agreement 2022. The dispute arose from the application's failure to meet certain requirements under the Fair Work Act 2009, specifically in relation to the coverage of the proposed enterprise agreement and the process by which it was negotiated. The Commission, in this instance, needed to determine whether the application met the necessary legislative criteria for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement adequately covered the requisite minimum of employees, as mandated by the Fair Work Act. Additionally, the Commission had to assess if the process by which the agreement was negotiated complied with the relevant legislative provisions. The Commission considered whether the application provided sufficient evidence that the agreement was made in good faith and involved genuine bargaining.

In reaching its decision, the Commission thoroughly examined the evidence presented regarding the negotiation process and the coverage of the proposed agreement. The Commission found that the application did not provide adequate evidence to demonstrate that the agreement covered the minimum 50 employees required by the Fair Work Act. Furthermore, the Commission concluded that the negotiation process did not meet the statutory requirements for good faith bargaining and genuine negotiation. As a result, the application for approval was dismissed.

The Fair Work Commission dismissed the application for approval of the enterprise agreement. The Commission determined that the application failed to meet the necessary legislative criteria regarding employee coverage and the negotiation process. No further orders were made beyond the dismissal of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established