J.G. (SA) Pty Ltd T/A Jim's Glass (South Australia) Summary

[2013] FWCA 3804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

J.G. (SA) Pty Ltd T/A Jim's Glass (South Australia)
(AG2013/6860)

JIM'S GLASS (SA) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JUNE 2013

Application for approval of the Jim's Glass (SA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jim's Glass (SA) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J.G. (SA) Pty Ltd T/A Jim’s Glass (South Australia). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2013. The nominal expiry date of the Agreement is 25 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, J.G. (SA) Pty Ltd trading as Jim's Glass (South Australia), applied to the Fair Work Commission for the approval of the Jim's Glass (SA) Enterprise Agreement 2013. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive requirements of the Act. The Commission was tasked with determining if the agreement was made in good faith, if it contained the necessary minimum terms, and if it was appropriate to make a safety net improvement order.

The legal issues before the Commission involved the interpretation and application of various sections of the Fair Work Act. Key issues included whether the agreement was genuinely negotiated and made in good faith, if the agreement contained all the prescribed minimum terms, and whether the proposed safety net improvement order was appropriate. The applicant argued that the agreement was fairly negotiated and met all legislative requirements, while the respondent raised concerns about certain terms and the negotiation process.

The Commission found that the agreement was generally made in good faith and met most of the procedural requirements under the Fair Work Act. However, the Commission identified some deficiencies in the negotiation process and certain terms within the agreement. Despite these issues, the Commission concluded that the agreement contained all necessary minimum terms and was overall beneficial to the employees. The Commission also determined that a safety net improvement order was appropriate to ensure compliance with the minimum safety net provided by the Act.

The final orders included the approval of the Jim's Glass (SA) Enterprise Agreement 2013 with a safety net improvement order to ensure it met all minimum terms and conditions. The order also required certain procedural improvements in future negotiations to address the identified deficiencies. This decision provided clarity on the requirements for enterprise agreements and the role of the Commission in ensuring compliance with the Fair Work Act.

J.G. (SA) Pty Ltd T/A Jim's Glass (South Australia)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established