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

[2023] FWCA 1508

[2023] FWCA 1508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1353)

VISY GLASS BRISBANE (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 26 MAY 2023

Application for approval of the Visy Glass Brisbane (Maintenance Employees) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Visy Glass Brisbane (Maintenance Employees) Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 4.1.2 – Annual Leave.

However, noting clause 1.4.4 of the Agreement, 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 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 – ETU) have lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CEPU-ETU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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