Viridian Glass Pty Ltd T/A Viridian Glass

[2022] FWCA 4287

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

(AG2022/4870)

Viridian Glass Pty Ltd – Canberra Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 DECEMBER 2022

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

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

Undertakings

The Employer has provided written undertakings dated 1 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Joinery and Building Trades Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Construction, Forestry, Maritime, Mining & Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Viridian Glass Pty Ltd, trading as Viridian Glass, applied for the approval of the Viridian Glass Pty Ltd – Canberra Enterprise Agreement 2022. The application was heard in the Fair Work Commission (FWC). The dispute arose from the negotiation and subsequent application for the enterprise agreement, which was intended to regulate the employment terms and conditions of Viridian Glass’s employees in Canberra. The application sought to have the agreement approved as a registered agreement under the Fair Work Act 2009.

The legal issues before the FWC involved verifying whether the agreement complied with the requirements of the Fair Work Act, including whether it was made in good faith, and whether it provided for the proper operation of the enterprise, including its organisational and financial capacity to do so. Additionally, the FWC had to consider whether the agreement met the ‘better off overall test’, ensuring that employees were no worse off financially and had some additional benefits.

The FWC determined that the agreement was made in good faith and met the ‘better off overall test’, as it provided for reasonable terms and conditions of employment, ensuring that employees would not be worse off and would gain certain benefits. The FWC also found that the agreement provided for the proper operation of the enterprise, taking into account Viridian Glass's organisational and financial capacity. The applicant satisfied the FWC that it was a registered organisation with the capacity to enter into the agreement. The FWC approved the application, and the enterprise agreement was registered.

The FWC's final orders were that the Viridian Glass Pty Ltd – Canberra Enterprise Agreement 2022 be approved and registered as a registered agreement under section 181 of the Fair Work Act 2009. This decision facilitated the formalisation of employment terms and conditions for the employees of Viridian Glass in Canberra, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established