DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1398)

G JAMES SAFETY GLASS PTY LTD (VIC) G JAMES EXTRUSION CO PTY LTD (VIC) AND CFMEU (FFPD) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2017

Application for approval of the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMEU (FFPD) Enterprise Agreement 2016.

[1] 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 (FFPD) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement was approved on 22 May 2017 and, in accordance with s.54, will operate from 29 May 2017. The nominal expiry date of the Agreement is 15 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were G James Safety Glass Pty Ltd, G James Extrusion Co Pty Ltd, and the Construction, Forestry, Mining and Energy Union (FFPD). The dispute centred on the approval of the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMEU (FFPD) Enterprise Agreement 2016. The Fair Work Commission was the court that heard the case.

The legal issues that the court needed to decide were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other benefits. The court also had to consider whether the agreement was consistent with the principles of the national workplace relations system and whether it promoted harmonious, productive, and cooperative workplace relations.

The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other benefits. The court also found that the agreement was consistent with the principles of the national workplace relations system and promoted harmonious, productive, and cooperative workplace relations. The court approved the agreement and made an order for its registration.

In conclusion, the court found in favour of the applicants and approved the G James Safety Glass Pty Ltd (VIC) G James Extrusion Co Pty Ltd (VIC) and CFMEU (FFPD) Enterprise Agreement 2016. The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court approved the agreement and made an order for its registration.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established