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

[2013] FWCA 3442

FAIR WORK COMMISSION

DECISION

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

G.James Extrusion Co Pty Ltd; G.James Remelt Pty Ltd
(AG2013/6565)

G JAMES EXTRUSION CO AND REMELT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the G James Extrusion Co and Remelt Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the G James Extrusion Co and Remelt Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 2013, in the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) on the basis that the agreement did not provide for adequate protection of employees' working conditions and entitlements.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for procedural fairness, and whether it provided for the protection of employees' rights and entitlements. The Commission also considered whether the agreement was in the best interests of the employees.

The Commission found that the agreement was made in good faith and provided for procedural fairness. The Commission also found that the agreement provided for the protection of employees' rights and entitlements, and was in their best interests. The Commission approved the agreement, subject to certain modifications to ensure that employees had adequate protection of their working conditions and entitlements.

The final orders of the Commission included the approval of the G James Extrusion Co and Remelt Enterprise Agreement 2013, with modifications to ensure that employees had adequate protection of their working conditions and entitlements. The modifications included provisions for minimum shift lengths, meal and tea breaks, and the protection of employees' entitlements in the event of business transfers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established