DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.James Extrusion Co Pty Ltd & G.James Remelt Pty Ltd
(AG2021/4873)

G JAMES EXTRUSION CO AND REMELT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 MAY 2021

Application for approval of the G James Extrusion Co and Remelt Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the G James Extrusion Co and Remelt Enterprise Agreement 2021 (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 Extrusion Co Pty Ltd & G.James Remelt Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, G.James Extrusion Co Pty Ltd and G.James Remelt Pty Ltd, sought approval of the G James Extrusion Co and Remelt Enterprise Agreement 2021. The respondents, Australian Manufacturing Workers' Union, contended that the agreement did not meet certain requirements under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act and if the process for its negotiation and agreement was lawful and fair. The respondents argued that the agreement failed to meet the "better off overall test" and did not comply with procedural fairness.

In its decision, the Commission found that the applicants had demonstrated that the agreement met the "better off overall test" and that the process for negotiation and agreement was fair and lawful. The Commission was satisfied that the agreement provided for employees to be better off overall in terms of wages, conditions, and other benefits. The Commission also found that the process for negotiation and agreement was fair, transparent, and in line with the requirements of the Fair Work Act.

As a result, the Commission approved the G James Extrusion Co and Remelt Enterprise Agreement 2021. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement.

G.James Extrusion Co Pty Ltd & G.James Remelt 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