G.James Extrusion Co Pty Ltd T/A G.James Extrusion Co Pty Ltd Summary

[2024] FWCA 4283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.James Extrusion Co Pty Ltd T/A G.James Extrusion Co Pty Ltd

(AG2024/4162)

G JAMES EXTRUSION CO PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 3 DECEMBER 2024

Application for approval of the G James Extrusion Co Pty Ltd Enterprise Agreement 2023

G. James Extrusion Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the G James Extrusion Co Pty Ltd Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Single Interest Employers

The Agreement is expressed to cover three employers: the Applicant, G. James Remelt Pty Ltd, and Cheras Industries Pty Ltd (Employers). Having regard to the materials filed, I am satisfied that the Employers are related bodies corporate (see ss.172(2) and (5A) of the FW Act).

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employers 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration and the responses to issues identified.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by G.James Extrusion Co Pty Ltd for the approval of the G James Extrusion Co Pty Ltd Enterprise Agreement 2023. The application was heard in the Fair Work Commission. The enterprise agreement in question pertains to the terms and conditions of employment for the company's employees. The dispute arose when the company sought to implement changes to the existing employment terms, which were opposed by the employees represented by a union. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement was genuinely bargained, if it contained the necessary minimum terms, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement provided a safety net for employees who might be disadvantaged by the changes. The company argued that the agreement was a fair reflection of the negotiations between the parties and that it improved working conditions and provided for better wages and conditions. The union contended that the agreement did not adequately protect employees and failed to meet the statutory requirements.

The Commission found that the enterprise agreement was genuinely negotiated and contained all the necessary minimum terms. It determined that the agreement provided a safety net for employees who might be disadvantaged by the changes, and that the changes were in the best interests of the employees. The Commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act 2009. Consequently, the application for approval of the G James Extrusion Co Pty Ltd Enterprise Agreement 2023 was approved. The Fair Work Commission's decision provided clarity on the legal standards for enterprise agreements and provided a framework for future negotiations between employers and employees in the industry.

G.James Extrusion Co Pty Ltd T/A G.James Extrusion Co Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established