Viridian Glass Pty Ltd T/A Viridian Glass Pty Limited

[2024] FWCA 3653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass Pty Limited

(AG2024/3289)

VIRIDIAN GLASS PTY LIMITED ROKEBY ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 OCTOBER 2024

Application for approval of the Viridian Glass Pty Limited Rokeby Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Limited Rokeby Enterprise Agreement 2024 (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 Pty Limited. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Joinery and Building Trades Award 2020 is taken to be a term of the Agreement

I note that several clauses may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail. .
The Construction, Forestry and Maritime Employees Union (CFMEU) being 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 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viridian Glass Pty Ltd, trading as Viridian Glass Pty Limited, sought approval of the Rokeby Enterprise Agreement 2024 from the Fair Work Commission. The application was made in the context of the company's operations in the glass manufacturing sector, with the agreement covering employees' terms and conditions of employment. The dispute centred on the procedural fairness of the agreement and whether it complied with the requirements of the Fair Work Act 2009.

The court was required to determine whether the agreement was genuinely negotiated and whether the process leading to its conclusion was fair and compliant with the legislative provisions. Key issues included the adequacy of the consultation process, the extent of employee involvement in the negotiation, and whether the agreement met the standards for fair terms and conditions. Additionally, the court had to assess whether there were any discrepancies between the agreement and the relevant industrial instruments.

The Fair Work Commission found that the negotiation process was generally fair and that the employees had been adequately consulted. The court determined that the agreement was genuinely negotiated and met the standards of procedural fairness as required by the Fair Work Act. The Commission also found that the terms of the agreement were not worse off for the employees compared to their existing conditions and were therefore fair. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Rokeby Enterprise Agreement 2024, with the conditions that the agreement be implemented and that the parties adhere to its terms. The Commission noted that any disputes arising under the agreement should be referred to the Fair Work Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established