| [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
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- AGLC
- Visy Glass Operations (Australia) Pty Ltd T/A Visy Glass [2022] FWCA 2131
- Case
- [2022] FWCA 2131
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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