Genus Services Pty Ltd

[2022] FWCA 279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genus Services Pty Ltd

(AG2021/9222)

Genus Services Pty Ltd Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 1 FEBRUARY 2022

Application for approval of the Genus Services Pty Ltd Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Genus Services Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genus Services Pty Ltd. The Agreement is a single-enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 31 January 2026.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Genus Services Pty Ltd Enterprise Agreement 2021. The applicant, Genus Services Pty Ltd, sought the Commission's approval of the agreement under the Fair Work Act 2009. The respondents were the Australian Services Union and several employees of Genus Services. The primary dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether they met the legal requirements for approval under the Act.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, if it complied with the good faith bargaining requirements, and whether it included the necessary provisions for the protection of employees' rights. The Commission had to determine if the agreement adhered to the statutory requirements and if it represented a fair and reasonable bargain between the employer and the employees. Additionally, the Commission assessed whether the agreement included provisions for minimum entitlements and if it allowed for the fair resolution of disputes between the parties.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement against the statutory requirements. It considered the principle of good faith bargaining and assessed whether the agreement reflected a genuine attempt to reach a fair and reasonable outcome. The Commission also evaluated if the agreement provided for adequate minimum entitlements and dispute resolution mechanisms. Ultimately, the Commission found that the agreement met the necessary statutory requirements and was fair and reasonable. The Commission approved the Genus Services Pty Ltd Enterprise Agreement 2021, highlighting the importance of the agreement in providing for fair terms and conditions of employment while ensuring the rights of both the employer and employees were protected.

The final orders of the Commission included the approval of the Genus Services Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees as outlined in the approved terms. The Commission's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement complied with the statutory requirements and represented a fair and reasonable outcome for all parties involved.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established