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

[2022] FWCA 2131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1729)

Visy Glass Adelaide Enterprise Agreement (Electrical Maintenance) 2022

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 28 JUNE 2022

Application for approval of the Visy Glass Adelaide Enterprise Agreement (Electrical 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 (Electrical 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 CEPU.

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

Visy Glass Operations (Australia) Pty Ltd, trading as Visy Glass, applied for approval of the Visy Glass Adelaide Enterprise Agreement (Electrical Maintenance) 2022 before the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for electrical maintenance workers within the Adelaide facility. The application arose from negotiations between Visy Glass and the Electrical Trade Union of Australia, seeking to modernise the existing terms of employment and address workforce efficiency and safety concerns.

The central legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, leave entitlements, and other workplace provisions. Additionally, the Commission examined whether the agreement was free from any elements that could be considered coercive, oppressive, or discriminatory, ensuring it complied with the principles of procedural fairness.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and assessed the agreement against statutory criteria. The Commission found that the proposed agreement addressed the concerns of both employers and employees in a fair and balanced manner. It concluded that the terms were reasonable, providing adequate protections for workers while allowing for necessary operational efficiencies. The Commission also determined that the agreement was not coercive, oppressive, or discriminatory, and was thus in compliance with the Act.

As a result, the Fair Work Commission approved the Visy Glass Adelaide Enterprise Agreement (Electrical Maintenance) 2022, thereby formalising the new terms of employment for the electrical maintenance workers at the Adelaide facility. This decision ensures that the agreement will be binding between the parties, providing a framework for future industrial relations within the specified scope.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established