Viridian Glass Pty Ltd T/A Viridian Glass

[2022] FWCA 224

[2022] FWCA 224

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

(AG2021/9257)

Viridian Glass (Geelong) 2021-2025 Enterprise Agreement

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 27 JANUARY 2022

Application for approval of the Viridian Glass (Geelong) 2021-2025 Enterprise Agreement

1. An application has been made for approval of an enterprise agreement known as the Viridian Glass (Geelong) 2021-2025 Enterprise Agreement (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.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 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.

1. I observe that clause 3.2.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Maritime, 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.

1. The Agreement is approved and in accordance with s.54, will operate from 3 February 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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