DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geocon Constructors (ACT) Pty Ltd
(AG2018/3411)

GEOCON CONSTRUCTORS (ACT) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 AUGUST 2019

Application for approval of the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geocon Constructors (ACT) 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 29 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Geocon Constructors (ACT) Pty Ltd and its employees, seeking approval of the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022. The applicant, Geocon Constructors, sought to have the enterprise agreement approved by the Fair Work Commission, which was contested by the respondents, the employees represented by their union. The application was heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the court involved whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was fairly negotiated and whether it complied with the mandatory minimum terms and conditions prescribed by the Act. The court had to consider the process of negotiation and the contents of the agreement to ensure it adhered to the legal standards set by the legislation.

The court, in its reasoning, found that the agreement was indeed fairly negotiated and met all the statutory requirements. The negotiation process was deemed to be robust and in compliance with the provisions of the Act. Additionally, the contents of the agreement were consistent with the mandatory minimum terms and conditions, thereby satisfying the legislative criteria for approval. Consequently, the court granted the application and approved the enterprise agreement as per the statutory mandate.

The final orders of the court included the approval of the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022, with effect from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, effective for the duration specified in the agreement.

Geocon Constructors (ACT) 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