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

[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

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

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)

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

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

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.

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

Approval

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

CaseChat Overview and Summary

The matter involved Visy Glass Operations (Australia) Pty Ltd, trading as Visy Glass, and the application for the approval of the Visy Glass Adelaide Enterprise Agreement (Mechanical Maintenance) 2022. The dispute was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application for approval was central to the case, as it required a thorough examination of the agreement's compliance with the statutory requirements and the interests of the employees.

The primary legal issues the Fair Work Commission had to address were whether the agreement complied with the procedural requirements under the Fair Work Act, and whether it contained the necessary minimum terms and conditions of employment. This included assessing whether the agreement was made in good faith and whether it was properly certified as a simple, low-risk agreement. The Commission also needed to ensure that the agreement did not unfairly disadvantage any employee and that it provided for a fair and reasonable process for resolving disputes between employees and employers.

In delivering its decision, the Fair Work Commission noted that the application satisfied all the necessary procedural requirements. The agreement was certified as a simple, low-risk agreement and had been made in good faith. The Commission found that the agreement contained all the minimum terms and conditions required by the Fair Work Act, and that it did not unfairly disadvantage any employee. The agreement provided a fair and reasonable process for resolving disputes, which was essential for maintaining a harmonious workplace. Based on these findings, the Fair Work Commission approved the Visy Glass Adelaide Enterprise Agreement (Mechanical Maintenance) 2022. The approval was a recognition of the agreement's compliance with the statutory requirements and its potential to benefit both the employees and the employer.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established