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

Case •

[2022] FWCA 2133

•

28 JUNE 2022
[2022] FWCA 2133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1725)

VISY GLASS ADELAIDE ENTERPRISE AGREEMENT (MECHANICAL MAINTENANCE) 2022

Manufacturing and associated industries

COMMISSIONER P RYAN

SYDNEY, 28 JUNE 2022

Application for approval of the Visy Glass Adelaide Enterprise Agreement (Mechanical Maintenance) 2022

  1. Visy Glass Operations (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Visy Glass Adelaide Enterprise Agreement (Mechanical Maintenance) 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

  1. Subject to the undertakings referred to above, 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.

National Employment Standards (NES)

  1. I observe that clauses 6.3.7 of the Agreement may be inconsistent with the NES. However, noting clause 1.4.3 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Model Consultation Term

  1. The Agreement does not contain a consultation term, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining representatives

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2022. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516453  PR743134>

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