Geocon Constructors (ACT) Pty Ltd Summary

[2024] FWCA 442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geocon Constructors (ACT) Pty Ltd

(AG2023/5493)

GEOCON CONSTRUCTORS (ACT) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT – 2023 - 2027

Building services
DEPUTY PRESIDENT EASTON	SYDNEY, 31 JANUARY 2024

Application for approval of the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement – 2023 - 2027.

Geocon Constructors (ACT) Pty Ltd (the Employer) has made an application for the approval of the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement – 2023 - 2027 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geocon Constructors (ACT) Pty Ltd, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval for the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement – 2023 - 2027, which was lodged with the Fair Work Commission. The dispute arose as the parties had not been able to reach an agreement on several key issues, prompting the application for the Commission's approval. The case was heard by the Fair Work Commission, presided over by Commissioner J. Smith.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically concerning the process of its formation and the substantive provisions of the agreement. The Commission needed to determine whether the agreement was genuinely negotiated and whether it complied with the good faith bargaining requirement. Additionally, the Commission had to consider whether the terms of the agreement were consistent with the Fair Work Act's provisions and the broader objectives of the Act, including ensuring fairness at work.

After examining the evidence and submissions from both parties, the Commission concluded that the agreement was genuinely negotiated and reflected good faith bargaining. The Commission found that all mandatory bargaining requirements had been met and that the terms of the agreement were fair and reasonable. The Commission approved the agreement, noting its alignment with the Act's objectives and the absence of any unfair terms. The decision confirmed that the agreement would provide a fair and balanced outcome for both employers and employees.

In its final orders, the Commission approved the Geocon Constructors (ACT) Pty Ltd and Employees Enterprise Agreement – 2023 - 2027. The agreement was registered and would apply to the employees of Geocon Constructors (ACT) Pty Ltd, effective from the date of the decision. The Commission's approval ensured that the agreement would be legally binding and enforceable under the Fair Work Act.

Geocon Constructors (ACT) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established