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

[2024] FWCA 504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/178)

VISY GLASS BRISBANE (GLASSWORKERS) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 5 FEBRUARY 2024

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

An application has been made for approval of an enterprise agreement known as the Visy Glass Brisbane (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Glass Operations (Australia) Pty Ltd, trading as Visy Glass, applied to the Fair Work Commission for the approval of the Visy Glass Brisbane (Glassworkers) Enterprise Agreement 2023. The agreement aimed to regulate the terms and conditions of employment for glassworkers employed by Visy Glass at its Brisbane facility. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement contained all the minimum terms and conditions specified in the Fair Work Act and whether it was made in good faith. The Commission also had to consider whether the agreement would provide a safety net for employees and whether it adhered to the principles of procedural fairness.

The Commission determined that the agreement complied with all the minimum terms and conditions set out in the Fair Work Act and that it was made in good faith. The Commission found that the agreement provided a safety net for employees by setting out clear terms and conditions of employment. Furthermore, the Commission concluded that the agreement was procedurally fair, as the process leading to its creation involved consultation and negotiation between Visy Glass and the relevant trade unions.

The Fair Work Commission approved the Visy Glass Brisbane (Glassworkers) Enterprise Agreement 2023. This decision sets the terms and conditions of employment for glassworkers at the Brisbane facility, effective from the date of approval. The agreement will now be registered with the Fair Work Commission, ensuring that it remains in force until a new agreement is made or until it is terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established