DECISION

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

Cardno Geotech Pty Ltd T/A Cardno Geotech
(AG2015/18)

CARDNO GEOTECH EMPLOYEE COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 MARCH 2015

Application for approval of the Cardno Geotech Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cardno Geotech Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cardno Geotech Pty Ltd T/A Cardno Geotech. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Cardno Geotech Pty Ltd T/A Cardno Geotech. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to 5 January 2015.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 27 March 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Cardno Geotech Pty Ltd, trading as Cardno Geotech, applied for approval of the Cardno Geotech Employee Collective Agreement 2014. The application was heard in the Fair Work Commission, where the Fair Work Ombudsman contested the application. The crux of the dispute centred on whether the proposed agreement, which aimed to regulate terms and conditions of employment for Cardno Geotech's employees, complied with the Fair Work Act 2009 and whether it could be certified as meeting the requirements for a valid enterprise agreement.

The primary legal issues before the court were whether the agreement appropriately covered the employees, whether it contained the mandatory terms as required by the Act, and if the process leading to the agreement was fair and proper. Additionally, the court had to determine if the agreement met the requirements for a simple summary and if it was in the best interests of the employees.

The court considered the evidence and submissions from both parties. It found that the proposed agreement was comprehensive and contained all the necessary mandatory terms. The process leading up to the agreement was deemed to be fair and appropriate, with no procedural flaws that would invalidate the agreement. The court also concluded that the agreement was in the best interests of the employees, given it provided for fair and reasonable terms of employment. The court approved the application and certified the agreement as meeting the requirements for a valid enterprise agreement. The final orders confirmed the certification of the Cardno Geotech Employee Collective Agreement 2014, allowing it to come into effect.

Cardno Geotech Pty Ltd T/A Cardno Geotech

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established