G.James Glass & Aluminium (Qld) Pty Ltd

[2014] FWCA 3518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.James Glass & Aluminium (Qld) Pty Ltd
(AG2014/5743)

G JAMES GLASS & ALUMINIUM (QLD) PTY LTD ACT ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 27 MAY 2014

Application for approval of the G James Glass & Aluminium (QLD) Pty Ltd ACT Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the G James Glass & Aluminium (QLD) Pty Ltd ACT Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by G.James Glass & Aluminium (QLD) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.190 of the Act I have accepted an undertaking from the employer which relates to dispute resolution, leave, shift allowances and on site workers. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertakings, which are taken to be terms of the agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G.James Glass & Aluminium (Qld) Pty Ltd sought approval of its 2013 enterprise agreement from the Fair Work Commission. The company is a Queensland-based employer in the glass and aluminium industry, and the agreement was submitted for approval under the Fair Work Act 2009. The application for approval was challenged by various unions and employee representatives who raised concerns regarding the agreement's compliance with the Act and its fairness to employees. The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, particularly concerning the scope of the agreement, the process followed in its negotiation, and its fairness to the employees it covered.

The Commission examined whether the agreement was genuinely negotiated, as required by section 229 of the Act. It considered the process followed in negotiating the agreement, the representation of the parties involved, and whether there was any undue influence or coercion. Additionally, the Commission assessed whether the agreement contained provisions that were contrary to public policy or contrary to the provisions of the National Employment Standards. The Commission also evaluated the fairness of the agreement's terms and conditions, including wages, hours of work, and other employment-related matters.

After a thorough examination of the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and was not contrary to public policy or the National Employment Standards. The Commission determined that the process followed in negotiating the agreement was fair and that the terms and conditions were reasonable in all the circumstances. The Commission approved the G James Glass & Aluminium (QLD) Pty Ltd ACT Enterprise Agreement 2013, finding it to be compliant with the requirements of the Act and fair to the employees it covered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established