Visy Glass Operations (Australia) Pty Ltd

Case

[2024] FWCA 1289

10 APRIL 2024


[2024] FWCA 1289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Glass Operations (Australia) Pty Ltd

(AG2024/642)

VISY GLASS MELBOURNE - MAINTENANCE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER MCKINNON

SYDNEY, 10 APRIL 2024

Application for approval of the Visy Glass Melbourne - Maintenance Enterprise Agreement 2023

  1. Visy Glass Operations (Australia) Pty Ltd (Visy) has applied for approval of a single enterprise agreement known as the Visy Glass Melbourne - Maintenance Enterprise Agreement 2023 (the Agreement).

  1. The Agreement replaces an earlier enterprise agreement approved in 2020. On its terms, employees will be better off overall under the Agreement than if the underlying modern award applied. I am satisfied that employees have a sufficient interest in the terms of the Agreement and that they are sufficiently representative of the group of employees who are covered by the Agreement.

  1. A minor procedural error was made in the agreement-making process in that Visy failed to give written notice of the place of vote to employees. Having reviewed the information provided by the parties in relation to the conduct of the vote, I am satisfied that employees are not likely to have been disadvantaged by the error. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 17 April 2024. The nominal expiry date of the Agreement is 30 September 2026.

  1. The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

<AE524167  PR773363>


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

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