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austlii:cth/FWCA/2025/3695
General information, not legal advice.
FWCA
2025-11-03
Original judgment source is linked above.
s.185 - Enterprise agreement
Viridian Glass Pty Ltd Trading AS Viridian Glass
VIRIDIAN GLASS PTY LTD CRANBOURNE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025
Application for approval of the Viridian Glass Pty Ltd Cranbourne Distribution Centre Enterprise Agreement 2025.
[1] An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Ltd Cranbourne Distribution Centre Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Viridian Glass Pty Ltd T/A Viridian Glass (the Employer). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):
Public holiday: Clause 32.5 of the Agreement states that where an employee is absent from his/her employment on the working day or part of the working day before, or the working day or part of the working day after a holiday prescribed by this clause without reasonable excuse, or without the consent of the employer, the employee shall not be entitled to payment for such holiday. Section 116 of Act states that if an employee is absent from employment on a public holiday, the employee must be paid their base rate of pay for their ordinary hours of work on the day or part-day.
[4] However, noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Australian Workers' Union being a bargaining representative for the Agreement supports the approval of the Agreement and 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 organisation.
[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 10 November 2025. The nominal expiry date of the Agreement is 30 April 2028.
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