Visy Glass Operations (Australia) Pty Ltd T/A Visy Glass

[2024] FWCA 924

[2024] FWCA 924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Glass Operations (Australia) Pty Ltd T/A Visy Glass

(AG2024/468)

VISY GLASS SYDNEY (GLASSWORKERS) ENTERPRISE AGREEMENT

2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 14 MARCH 2024

Application for approval of the Visy Glass Sydney (Glassworkers) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Visy Glass Sydney (Glassworkers) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Glass Operations (Australia) Pty Ltd T/A Visy Glass. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Applicant filed a request to vary clause 11.5.1 of the Agreement pursuant to s.218A(2) of the Act. The Applicant submitted it was an accidental oversight to not include the role of ‘Resort Operator’ in the table contained in clause 11.5.1 and filed an amended version of the Agreement correcting this error. I observe that there are employees covered by the classification, that the employees and the Australian Workers’ Union were consulted in regard to the variation sought to correct the oversight. Accordingly, I am satisfied that this is an obvious error within the meaning of s.218A(1) and I therefore amend clause 11.5.1 to include the role of ‘Resort Operator’.   

1. I observe that clause 4.8, clause 4.4.1, and clause 4.1.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.2.3 of the Agreement incorporates the NES, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 21 March 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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