Construction, Forestry, Mining and Energy Union

[2013] FWCA 2565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/958)

G JAMES SAFETY GLASS PTY LTD (VIC), G JAMES EXTRUSION CO PTY LTD (VIC) AND THE CFMEU (FFTS BRANCH) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 26 APRIL 2013

Application for approval of the G James Safety Glass Pty Ltd (VIC), G James Extrusion Co Pty Ltd (VIC) and the CFMEU (FFTS Branch) Enterprise Agreement 2012

[1] An application has been made for approval of a single-enterprise agreement known as the G James Safety Glass Pty Ltd (VIC), G James Extrusion Co Pty Ltd (VIC) and the CFMEU (FFTS Branch) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2013. The nominal expiry date of the Agreement is 15 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicants were the G James Safety Glass Pty Ltd, G James Extrusion Co Pty Ltd, and the Construction, Forestry, Mining and Energy Union (FFTS Branch), who sought approval for their Enterprise Agreement 2012. The dispute was centred around the fairness and compliance of this agreement under the Fair Work Act 2009. The decision was handed down by the Full Bench of the Fair Work Commission.

The legal issues before the court involved whether the Enterprise Agreement met the statutory requirements of the Fair Work Act. Key considerations included whether the agreement was made in good faith, whether it contained appropriate mechanisms for resolving disputes, and if it adhered to the ‘better off overall test’ which requires that employees be no worse off financially by virtue of the agreement. Additionally, the court examined whether the agreement appropriately balanced the interests of both employers and employees.

The Full Bench of the Fair Work Commission found that the Enterprise Agreement was made in good faith and contained adequate dispute resolution mechanisms. Furthermore, the agreement passed the ‘better off overall test’, as it did not result in any employee being worse off financially. The court acknowledged the negotiation process and the efforts made by both parties to reach a fair agreement. Consequently, the Full Bench approved the Enterprise Agreement 2012.

As a result of the decision, the Enterprise Agreement 2012 between G James Safety Glass Pty Ltd, G James Extrusion Co Pty Ltd, and the Construction, Forestry, Mining and Energy Union (FFTS Branch) was approved, effective from the date of the decision. The approval signifies that the agreement is now legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established