Viridian Glass Pty Ltd T/A Viridian Glass Pty Ltd Summary

[2024] FWCA 4219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viridian Glass Pty Ltd T/A Viridian Glass Pty Ltd

(AG2024/4434)

VIRIDIAN GLASS PTY LIMITED CLAYTON PRODUCTION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 29 NOVEMBER 2024

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

Viridian Glass Pty Ltd T/A Viridian Glass Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Viridian Glass Pty Limited Clayton Production Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 1 February 2024 and the Agreement was made on 30 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 and 188, as are relevant to this application for approval, has been met.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW 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.

The Agreement was approved on 29 November 2024 and, in accordance with s.54, will operate from 6 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Viridian Glass Pty Ltd, trading as Viridian Glass, for the approval of the Viridian Glass Pty Ltd Clayton Production Enterprise Agreement 2024. The application was heard in the Fair Work Commission, with the focus on whether the agreement meets the statutory requirements for approval under the Fair Work Act 2009. The dispute arose from concerns about the agreement's compliance with various provisions of the Act, particularly regarding procedural fairness and the substantive terms that govern the employment conditions of the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement had been genuinely bargained between the employer and the employees' representatives, and whether it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission needed to determine whether the process of reaching the agreement was conducted in a manner that was procedurally fair and whether the agreement met the statutory requirements for approval under section 231 of the Act.

The Commission examined the evidence provided by both parties, including the process undertaken to negotiate the agreement and the nature of the terms included. The Commission concluded that the agreement was genuinely bargained and that the process of reaching it was procedurally fair. The Commission found that the mandatory terms were included in the agreement and that it met the statutory requirements for approval. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, considering the economic and business circumstances of the enterprise.

As a result of the findings, the Commission approved the Viridian Glass Pty Ltd Clayton Production Enterprise Agreement 2024. The approval signifies that the agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by it, ensuring that the terms are fair and meet the statutory requirements under the Fair Work Act.

Viridian Glass Pty Ltd T/A Viridian Glass Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established