DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.James Australia Pty Ltd
(AG2017/4895)

G.JAMES AUSTRALIA PTY LTD (CLERICAL) ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JANUARY 2018

Application for approval of the G.James Australia Pty Ltd (Clerical) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the G.James Australia Pty Ltd (Clerical) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.James Australia Pty Ltd. 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 Australian Municipal, Administrative, Clerical and Services 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 4 January 2018 and, in accordance with s.54, will operate from 11 January 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves G.James Australia Pty Ltd and its employees, with the primary focus being the approval of the G.James Australia Pty Ltd (Clerical) Enterprise Agreement 2017. The Fair Work Commission was tasked with deciding whether this enterprise agreement should be certified as meeting the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement appropriately balanced the interests of both employers and employees, ensuring that it complied with the statutory criteria for certification, such as not providing for terms and conditions that were worse than the relevant national employment standards or awards.

The key legal issues the Commission had to resolve included whether the agreement provided for terms and conditions that were not less favourable than the national minimum standards, and whether the agreement had been made in accordance with the requirements of the Fair Work Act. Additionally, the Commission needed to assess if the agreement had been made genuinely in the course of the enterprise's activities and if it had been made without any duress or coercion. The Commission also considered whether the agreement included appropriate dispute resolution mechanisms and whether it adhered to the principles of procedural fairness.

In its decision, the Fair Work Commission found that the G.James Australia Pty Ltd (Clerical) Enterprise Agreement 2017 met the necessary criteria for approval. The Commission determined that the agreement provided for terms and conditions that were at least as favourable as the national minimum standards and that it had been made without any undue influence. The Commission also concluded that the agreement had been made in good faith and within the proper scope of the enterprise's activities. After reviewing the evidence and submissions from both parties, the Commission certified the agreement as meeting the requirements for approval under the Fair Work Act 2009.

G.James Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established