DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.James Glass & Aluminium Pty Ltd; G.James Glass and Aluminium (Qld) Pty Ltd; G.James Safety Glass Pty Ltd
(AG2019/678)

G JAMES SAFETY GLASS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 MAY 2019

Application for approval of the G James Safety Glass Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the G James Safety Glass Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by G.James Glass & Aluminium Pty Ltd; G.James Glass and Aluminium (Qld) Pty Ltd; G.James Safety Glass 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.

[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.

[4] Pursuant to s.737 of the Act, the model term for dealing with disputes prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of G.James Glass & Aluminium Pty Ltd, G.James Glass and Aluminium (Qld) Pty Ltd, and G.James Safety Glass Pty Ltd, the Australian Industrial Relations Commission was tasked with approving an enterprise agreement. The dispute centred around the proposed G James Safety Glass Pty Ltd Enterprise Agreement 2019. The application for approval was brought before the Commission to ensure that the agreement met the necessary legal requirements and was in the best interest of the employees.

The central legal issues before the Commission involved the validity of the proposed agreement under the Fair Work Act 2009. This included whether the agreement contained all the mandated minimum terms, whether it was free from prohibited content, and if it was appropriately certified by the relevant independent body. Furthermore, the Commission needed to assess whether the agreement complied with the procedural requirements for its approval.

After thorough consideration, the Commission found that the proposed enterprise agreement was in compliance with the statutory requirements. The agreement included all mandated minimum terms, was free from prohibited content, and had been certified by an independent body as meeting the necessary criteria. The Commission also found that the procedural requirements for approval were met. Consequently, the application for approval was granted. The agreement was deemed to be fair and reasonable, ensuring the rights and interests of both the employer and the employees were adequately protected.

G.James Glass & Aluminium Pty Ltd; G.James Glass and Aluminium (Qld) Pty Ltd; G.James Safety Glass 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