G James Australia Pty Ltd and others

[2014] FWCA 7798

[2014] FWCA 7798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

G James Australia Pty Ltd and others
(AG2014/9534)

G JAMES AUSTRALIA PTY LTD CLERICAL ENTERPRISE AGREEMENT 2014

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 NOVEMBER 2014

Application for approval of the G James Australia Pty Ltd Clerical Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by G James Australia Pty Ltd, G James Glass & Aluminium Pty Ltd, G James Glass & Aluminium (Qld) Pty Ltd, G James Extrusion Co Pty Ltd and G James Engineering Services Pty Ltd (the ‘applicants’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the G James Australia Pty Ltd Clerical Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and is to cover 75 employees who are engaged in clerical administrative positions in the applicants’ glass, aluminium and engineering services business. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 22 August 2014, and voting for the Agreement’s approval took place on 3 October 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 45 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 16 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Keune, Company Secretary, identified the Clerks - Private Sector Award 2010 [MA000002] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Keunesaid that the Agreement provides for higher rates of pay and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 25 and 24 respectively, and a disputes resolution procedure at clause 17 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 29 October 2014, Mr S Keune appeared for the applicant and Ms V Graham for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Keune outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased on 1 July 2014, 1 July 2015 and 1 July 2016 with reference to the Brisbane All Groups CPI annual index percentage change for the March quarter and that the increase from 1 July 2014 is to be backpaid. Ms Graham supported the submissions of Mr Keune.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the G James Australia Pty Ltd Clerical Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 5 November 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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