DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMB Geotech Pty Ltd T/A South Qld Soils T/A AMB Geotech SQS Pty Ltd
(AG2021/4118)

AMB GEOTECH PTY LTD T/A SQS TESTING SERVICES AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 APRIL 2021

Application for approval of the AMB Geotech Pty Ltd T/A SQS Testing Services Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMB Geotech Pty Ltd T/A SQS Testing Services Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMB Geotech Pty Ltd T/A South Qld Soils T/A AMB Geotech SQS 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement is approved and in accordance with s.54, will operate from 19 April 2021. The nominal expiry date of the Agreement is 11 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, AMB Geotech Pty Ltd trading as South Queensland Soils and AMB Geotech SQS Pty Ltd, sought approval from the court for the AMB Geotech Pty Ltd T/A SQS Testing Services Agreement 2020. The application was heard in the Supreme Court of Queensland. The applicant was seeking to have the agreement, which related to testing services, approved by the court as it involved the management and distribution of funds collected from clients for testing services.

The primary legal issue before the court was whether the proposed agreement was fair, reasonable and in the best interests of the clients of the applicant. The court needed to determine if the agreement provided adequate protection for the clients, particularly in terms of the handling and distribution of funds collected for testing services. The applicant argued that the agreement was necessary to ensure that the funds were managed properly and that the services provided were of high quality.

The court, after considering the evidence and submissions from both parties, concluded that the proposed agreement was fair, reasonable, and in the best interests of the clients. The court found that the agreement provided adequate safeguards for the handling and distribution of funds, and that it was necessary to ensure the provision of high-quality services. The court was satisfied that the agreement would protect the clients' interests and that it was in line with industry standards. The court approved the AMB Geotech Pty Ltd T/A SQS Testing Services Agreement 2020.

AMB Geotech Pty Ltd T/A South Qld Soils T/A AMB Geotech SQS 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