DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G James Extrusion Co Pty Ltd/G James Remelt Pty Ltd
(AG2016/6132)

G JAMES EXTRUSION CO AND REMELT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 23 NOVEMBER 2016

Application for approval of the G James Extrusion Co and Remelt Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the G James Extrusion Co and Remelt 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 G James Extrusion Co Pty Ltd/G James Remelt 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] 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 was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved G James Extrusion Co Pty Ltd and G James Remelt Pty Ltd, who sought approval of their Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission, an Australian federal statutory authority with jurisdiction over workplace relations matters. The applicants aimed to have the Enterprise Agreement 2016 registered under the Fair Work Act 2009, which would provide it with legal enforceability.

The legal issues before the court centred on whether the Enterprise Agreement 2016 met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement had been made in good faith, if it provided for fair and reasonable terms and conditions, and if it included the necessary procedural fairness in its creation. Additionally, the court needed to assess whether the agreement appropriately dealt with the parties' obligations and entitlements.

In its decision, the Fair Work Commission held that the Enterprise Agreement 2016 was valid and met the necessary requirements for approval. The court found that the agreement had been made in good faith, provided for fair and reasonable terms and conditions, and included the requisite procedural fairness in its creation. Furthermore, the court concluded that the agreement appropriately dealt with the parties' obligations and entitlements. As a result, the Fair Work Commission approved the Enterprise Agreement 2016, making it legally binding on the parties.

In summary, the Fair Work Commission approved the Enterprise Agreement 2016, finding that it met the necessary requirements for approval under the Fair Work Act. The agreement was deemed to have been made in good faith, provided for fair and reasonable terms and conditions, and included the requisite procedural fairness in its creation. Additionally, the court concluded that the agreement appropriately dealt with the parties' obligations and entitlements.

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