Viridian Glass Pty Ltd T/A Viridian Glass

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

In the case of Viridian Glass Pty Ltd T/A Viridian Glass, the Fair Work Commission was asked to consider the approval of the Viridian Glass (Geelong) 2021-2025 Enterprise Agreement. The parties involved were Viridian Glass, the employer, and the Australian Manufacturing Workers’ Union, representing the employees. The dispute centred on the proposed terms and conditions of employment outlined in the enterprise agreement, specifically whether they met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission had to determine if the agreement complied with the criteria for registration and approval.

The central legal issues before the Commission were whether the enterprise agreement satisfied the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission examined if the agreement was made following proper consultation and negotiation processes. Substantively, it had to ensure the agreement did not adversely affect employees' safety, health, or welfare and was not detrimental to the enterprise's viability. The Commission also needed to assess if the agreement contained minimum terms as required by the Act.

After evaluating the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement met all necessary criteria for approval. The Commission concluded that the agreement was the product of genuine bargaining and consultation, did not harm employees' safety or welfare, and was not detrimental to the enterprise. Furthermore, it contained all the required minimum terms. Consequently, the Commission approved the Viridian Glass (Geelong) 2021-2025 Enterprise Agreement, which will now govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established