[2013] FWCA 2438 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
G. James Glass & Aluminium Pty Ltd; G. James Glass & Aluminium (Qld) Pty Ltd; G. James Safety Glass Pty Ltd
(AG2013/6040)
G. JAMES SAFETY GLASS PTY LTD ENTERPRISE AGREEMENT 2013
Building, metal and civil construction industries | |
COMMISSIONER CARGILL | SYDNEY, 23 APRIL 2013 |
Application for approval of the G. James Safety Glass Pty Ltd Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the G. James Safety Glass Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by G. James Glass & Aluminium Pty Ltd; G. James Glass & Aluminium (Qld) Pty Ltd; G. James Safety Glass 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 Construction, Forestry, Mining and Energy Union New South Wales Branch, 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 that organisation.
[4] The Agreement is approved and, in accordance with s.54, will operate from 30 April 2013. The nominal expiry date is 31 January 2016.
COMMISSIONER
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- AGLC
- G. James Glass & Aluminium Pty Ltd; G. James Glass & Aluminium (Qld) Pty Ltd; G. James Safety Glass Pty Ltd [2013] FWCA 2438
- Case
- [2013] FWCA 2438
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the commission were whether the agreement was made in good faith and whether it was procedurally and substantively fair. The commission needed to determine if the agreement was genuinely negotiated between the parties and if it met the criteria set out in the Fair Work Act 2009. The commission also had to consider the impact of the agreement on employees and whether it provided for fair terms and conditions of employment.
The commission found that the agreement was made in good faith and was procedurally fair. It determined that the process of negotiation was appropriate and that the agreement reflected the input of the parties involved. In terms of substantive fairness, the commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the parties. The commission considered the evidence and submissions presented by both parties and weighed the implications for employees and the broader industry.
The commission approved the G. James Safety Glass Pty Ltd Enterprise Agreement 2013, finding it to be fair and reasonable. The decision was made on the basis that the agreement was made in good faith, was procedurally fair, and provided for fair terms and conditions of employment. The approval of the agreement allows it to be registered and enforced as a binding enterprise agreement under the Fair Work Act 2009.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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