Viridian Glass Pty Ltd T/A Viridian Glass

[2021] FWCA 6162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass
(AG2021/7626)

VIRIDIAN GLASS CLAYTON MAINTENANCE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 OCTOBER 2021

Application for approval of the Viridian Glass Clayton Maintenance Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Viridian Glass Clayton Maintenance Agreement 2021 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Viridian Glass Pty Ltd trading as Viridian Glass, the court was presented with an application for the approval of the Viridian Glass Clayton Maintenance Agreement 2021. The applicant sought to have the agreement approved under the relevant provisions of the law, specifically focusing on its compliance with statutory requirements. The nature of the dispute involved the interpretation and application of these statutory provisions to determine whether the agreement was fit for approval.

The primary legal issue before the court was whether the maintenance agreement met all necessary criteria for approval under the applicable legislation. This required an examination of the agreement's terms and conditions, as well as its alignment with statutory requirements. The court needed to assess whether the agreement adequately protected the interests of the parties involved, particularly focusing on whether it provided a fair and reasonable framework for the maintenance services to be provided.

The court meticulously reviewed the terms of the maintenance agreement, considering the statutory framework and the specific provisions that governed such agreements. It found that the agreement contained all necessary elements required by law, including clear definitions of the services to be provided, the responsibilities of each party, and the mechanisms for resolving disputes. The court determined that the agreement was fair and reasonable and did not contravene any statutory requirements. Consequently, the court approved the maintenance agreement, ensuring that it would provide a reliable and lawful basis for the parties' future dealings. The final orders of the court reflected this decision, formally approving the agreement as submitted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established