DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geocycle SBF Pty Limited
(AG2020/2621)

GEOCYCLE PTY LIMITED ENTERPRISE AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the Geocycle Pty Limited Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Geocycle Pty Limited Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Geocycle SBF Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained a cross referencing error at clause 3.4(c). On 22 September 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 2 October 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geocycle SBF Pty Limited recently faced an application before the Fair Work Commission, seeking approval of the Geocycle Pty Limited Enterprise Agreement 2020. The application was brought forth by the company, Geocycle SBF Pty Limited, in an effort to formalise the terms and conditions of employment for their workforce. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address involved the fairness and compliance of the proposed agreement with the statutory provisions of the Fair Work Act. Specifically, the court examined whether the agreement contained all the mandatory terms prescribed by the Act and if it met the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the court evaluated whether the agreement was genuinely negotiated and if it adhered to the procedural requirements set forth in the Act.

In its decision, the Fair Work Commission determined that the proposed agreement did indeed meet the statutory requirements and was fair and reasonable. The Commission found that the agreement contained all necessary terms and satisfied the "better off overall test" for the majority of employees. The Commission was satisfied with the process of negotiation and concluded that the agreement was genuinely made. As a result, the Commission approved the application and authorised the enterprise agreement to be registered.

As a final order, the Fair Work Commission approved the Geocycle Pty Limited Enterprise Agreement 2020, confirming its validity and enforceability under the Fair Work Act. This decision allows Geocycle SBF Pty Limited to implement the terms and conditions outlined in the agreement, providing a framework for the employment relationship between the company and its workforce.

Geocycle SBF Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established