Viridian Glass Pty Ltd T/A Viridian Glass Summary

[2022] FWCA 3941

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

(AG2022/4460)

Viridian Glass Pty Limited – Albury Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 09 NOVEMBER 2022

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

An application has been made for approval of an enterprise agreement to be known as the Viridian Glass Pty Limited – Albury Enterprise Agreement (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 T/A Viridian Glass (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 7 November 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 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The CFMMEU, 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 16 November 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

Viridian Glass Pty Ltd T/A Viridian Glass applied to the Fair Work Commission for approval of the Viridian Glass Pty Limited – Albury Enterprise Agreement 2022. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the fairness and content of the proposed enterprise agreement, with particular focus on the terms and conditions of employment, including pay rates and working conditions, as well as the process by which the agreement was reached.

The central legal issues before the court were whether the enterprise agreement was genuinely negotiated and whether it met the requirements of the Fair Work Act 2009 for approval. The court had to determine if the agreement was made in good faith and whether it provided for the terms and conditions of employment of the relevant employees. The court also considered whether the process of negotiation was appropriate and whether there was adequate consultation with the employees.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and met the statutory requirements for approval. The Commission was satisfied that the process was conducted in good faith and that the agreement provided for fair terms and conditions of employment. The Commission noted that the agreement contained provisions that were beneficial to the employees, such as provisions for pay rates and working conditions. The Commission also found that the union had been adequately consulted during the negotiation process.

The Fair Work Commission approved the Viridian Glass Pty Limited – Albury Enterprise Agreement 2022. The Commission issued a certificate of registration for the agreement, which now binds both the employer and the employees covered by the agreement. The union's opposition to the agreement was dismissed.

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