DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G James Glass & Aluminium (Qld) Pty Ltd; G James Safety Glass Pty Ltd; G James Glass & Aluminium Pty Ltd
(AG2015/7629)

G JAMES SAFETY GLASS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JANUARY 2016

Application for approval of the G James Safety Glass Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the G James Safety Glass Pty Ltd Enterprise Agreement 2016 (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 Glass & Aluminium (Qld) Pty Ltd; G James Safety Glass Pty Ltd; and G James Glass & Aluminium Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 January 2016 and, in accordance with s.54, will operate from 13 January 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves G James Glass & Aluminium (Qld) Pty Ltd, G James Safety Glass Pty Ltd, and G James Glass & Aluminium Pty Ltd, who are seeking approval of the G James Safety Glass Pty Ltd Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The dispute centres on whether the enterprise agreement, which covers a range of employees in the glass and aluminium industries, complies with the Fair Work Act 2009 and whether it meets the criteria for approval.

The legal issues the court had to address include whether the agreement provides for the mandatory terms set out in the Fair Work Act, whether the agreement was made in accordance with the procedural requirements, and whether the agreement is fair and reasonable. The court also had to consider the provisions of the agreement that relate to the employees' working conditions, including pay rates, hours of work, leave entitlements, and other terms and conditions of employment.

The Fair Work Commission determined that the agreement was made in accordance with the procedural requirements and contains provisions for the mandatory terms. The court found that the agreement was fair and reasonable, taking into account the overall balance of the parties' interests, the nature of the enterprise, and the terms and conditions of employment. The court noted that the agreement provides for a number of protections for employees, including provisions for minimum wage rates, leave entitlements, and other benefits. The court also found that the agreement provides for a dispute resolution process that is fair and effective.

The Fair Work Commission approved the G James Safety Glass Pty Ltd Enterprise Agreement 2016, subject to certain conditions. The agreement will now apply to the employees covered by the agreement, and the parties will be bound by its terms. The court's decision provides clarity for the parties and ensures that the agreement complies with the requirements of the Fair Work Act.

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