DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geocycle SBF Pty Limited
(AG2017/3924)

GEOCYCLE PTY LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Geocycle Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Geocycle Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geocycle SBF Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 12 December 2017 and, in accordance with s.54, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geocycle SBF Pty Limited applied to the Fair Work Commission for approval of the Geocycle Pty Limited Enterprise Agreement 2017. The applicant sought to have the agreement, which had been certified by the Assistant Fair Work Commissioner, approved as a modern award. The dispute arose from the provisions of the agreement and the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for approval as set out in the Act, specifically whether the agreement provided for a safety net of minimum wages and conditions, and whether it was procedurally sound. The Commission examined the content of the agreement, including the wage rates, entitlements, and other terms, to ensure they complied with the statutory minimum standards. Additionally, the Commission considered whether the agreement had been fairly and properly negotiated and whether it met the requirements for direct communication.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for a safety net of minimum wages and conditions, and it was procedurally sound. The wage rates and other terms were in line with the statutory minimum standards, and the agreement had been negotiated fairly and properly. Consequently, the Commission approved the agreement, allowing it to become a modern award.

The final orders of the Commission included the approval of the Geocycle Pty Limited Enterprise Agreement 2017 as a modern award, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission's website, and it was to apply to the relevant employees and employers as specified in the agreement.

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