| [2025] FWCA 160 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4998)
G JAMES SAFETY GLASS PTY LTD (VIC) G JAMES EXTRUSION CO PTY LTD (VIC) AND CFMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024-2027
| Manufacturing and associated industries | |
| COMMISSIONER PERICA | MELBOURNE, 16 JANUARY 2025 |
G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMEU – Manufacturing Division Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMEU – Manufacturing Division Enterprise Agreement 2024-2027 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 16 January 2025. It will operate from 23 January 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 160
- Case
- [2025] FWCA 160
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, whether it appropriately balanced the interests of both employers and employees, and whether the process of negotiation and agreement-making was fair and transparent. The court also needed to consider if the agreement complied with the Good Faith Bargaining requirement, ensuring that both parties had engaged in meaningful discussions.
The Fair Work Commission thoroughly examined the proposed agreement, considering submissions from both the CFMEU and the respondents. The court evaluated the fairness and reasonableness of the terms, the process of negotiation, and the compliance with statutory requirements. The Commission concluded that the proposed agreement met the necessary criteria under the Fair Work Act, finding that it provided for fair and reasonable terms and conditions, balanced the interests of both parties, and was reached through a process of good faith bargaining. Consequently, the Commission approved the CFMEU – Manufacturing Division Enterprise Agreement 2024-2027.
The final orders of the Fair Work Commission included the approval and registration of the CFMEU – Manufacturing Division Enterprise Agreement 2024-2027. The agreement was deemed to be in effect from the specified date, binding both the respondents and the employees covered by the agreement. The Commission's decision provided clarity and legal certainty regarding the terms and conditions of employment for the duration of the agreement.
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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