Viridian Glass Pty Ltd T/A Viridian Glass

[2021] FWCA 6429

[2021] FWCA 6429

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
(AG2021/7837)

VIRIDIAN GLASS PTY LTD- CLAYTON PRODUCTION AGREEMENT
2021

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 28 OCTOBER 2021

Application for approval of the Viridian Glass Pty Ltd- Clayton Production Agreement 2021

[1] Viridian Glass Pty Ltd T/A Viridian Glass (the Employer) has made an application for approval of an enterprise agreement known as the Viridian Glass Pty Ltd- Clayton Production Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application (and accompanying declaration), I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] I observe that clause 13.2(vi) (Personal Leave) and clause 33 (Public Holidays) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertakings in Annexure A mean that the more beneficial entitlements of the NES will prevail with respect to those inconsistent clauses.

[5] 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 October 2021 and, in accordance with s. 54, will operate from 4 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A