Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7347)

G JAMES SAFETY GLASS PTY LTD (VIC) G JAMES EXTRUSION CO PTY LTD (VIC) AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMMEU - Manufacturing Division Enterprise Agreement 2021-2024

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMMEU - Manufacturing Division Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 23 September 2021 and, in accordance with s 54, will operate from 30 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) applied to the Fair Work Commission for the approval of an enterprise agreement with G James Safety Glass Pty Ltd and G James Extrusion Co Pty Ltd. The dispute involved the terms of the proposed agreement, specifically its compliance with the relevant industrial legislation. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement met the standards for good faith bargaining, if it was free from any unlawful content, and if it provided for a fair and efficient workplace. Another issue was the extent to which the agreement adhered to the provisions concerning minimum entitlements and pay rates.

The Fair Work Commission found that the proposed agreement was consistent with the Fair Work Act and met the standards for good faith bargaining. The Commission noted that the agreement contained no unlawful content and provided for a fair and efficient workplace. The Commission also found that the agreement complied with the provisions concerning minimum entitlements and pay rates. As such, the Commission approved the enterprise agreement.

The Fair Work Commission approved the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMMEU - Manufacturing Division Enterprise Agreement 2021-2024, finding it to be compliant with the Fair Work Act 2009. The Commission found that the agreement met the standards for good faith bargaining, contained no unlawful content, and provided for a fair and efficient workplace. Furthermore, the Commission found that the agreement complied with the provisions concerning minimum entitlements and pay rates.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established