Application for approval of the Vivid Glass Windows and Doors Factory Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Vivid Glass Windows and Doors Factory 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 Vivid Glass, Doors and Windows Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Notice of Representational Rights (NERR) distributed to employees is a pre-6 June 2023 reforms version. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

[3] The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement and contained a minor discrepancy in coverage. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 13.4 of the Agreement in relation to personal leave, which is inconsistent with s.107(2)(a) of the Act.

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The consultation term contained in clause 15 of the Agreement does not require the employer to invite the views of employees in relation to a proposed change to the regular roster or ordinary hours of work. This is inconsistent with s.205(1A)(b) of the Act. Pursuant to s.205A(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[7] The Construction, Forestry and Maritime Employees Union (CFMEU), 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from Tuesday, 10 June 2025. The nominal expiry date of the Agreement is, 3 June 2029.

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