G James Safety Glass Pty Ltd

[2025] FWCA 3134

[2025] FWCA 3134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G James Safety Glass Pty Ltd

(AG2025/2821)

G JAMES SAFETY GLASS PTY LTD NSW ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 17 SEPTEMBER 2025

Application for approval of the G James Safety Glass Pty Ltd NSW Enterprise Agreement 2025

Introduction

1. G James Safety Glass Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the G James Safety Glass Pty Ltd NSW Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 February 2025 and the Agreement was made on 25 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Application lodged out of time

1. The application was made on 20 August 2025, which is 24 days after the date the Agreement was made and accordingly is outside of the timeframe of 14 days prescribed by s.185(3)(a) of the Act. The Employer provided submissions that the delay in submitting the application was due to an inadvertent oversight and lack of experience in such matters on the Employer’s part.

1. I am satisfied that it is fair in all the circumstances to extend the period of time for lodging the application pursuant to s.185(3)(b) of the Act to 20 August 2025.

Section 190 Undertakings

1. The employer 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.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

Section 183 Bargaining Representatives

1. The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

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

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2025. The nominal expiry date of the Agreement is 31 January 2028.

Variation

1. Section 218A of the Act allows the Commission to correct or amend obvious errors,

defects, or irregularities in an enterprise agreement (whether in substance or form). Its evident purpose is to remove complexity associated with varying enterprise agreements in certain limited circumstances. 

1. It is significant in understanding the context of s.218A that the Commission can vary an agreement on application by an employer covered by the agreement (s218A(2)(b)(i)). The power to vary an agreement under s218A is not unlike the slip rule provisions in s.602. An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity – and no further. 

1. Clauses 3 and 4 of the Agreement contained an error in relation to the name/s of the Employer and the contents page of the Agreement contained a “clause no.” column on page 1 which listed clause numbers that did not align with the substantive clause numbers throughout the Agreement.

1. The Commission wrote to the parties on 2 September 2025 raising these matters with the parties and seeking submissions as to the amendment of the Agreement to rectify these issues and an amended copy of the Agreement.

1. The Applicant made submissions to the effect that this was an obvious error in the Agreement and submitted an amended copy of the Agreement with corrections made to correct these errors.

1. The Commission sought the views of the relevant union party in relation to the amendment of the Agreement. No union party advised the Commission that it opposed the amendments proposed by the Employer.

1. I am satisfied that the errors listed in [12] above are errors, defects or irregularities within the meaning of s.218A(1) of the Act. I am content to vary the Agreement on my own initiative (PR791832). The variation will operate from the date that the Agreement commences. 

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 24 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530472  PR791831>

Annexure A