Geocycle SBF Pty Limited T/A Cement Australia

[2024] FWCA 1491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geocycle SBF Pty Limited T/A Cement Australia

(AG2024/1259)

APPLICATION FOR APPROVAL OF THE GEOCYCLE PTY LIMITED ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER ALLISON	MELBOURNE, 26 APRIL 2024

Application for approval of the Geocycle Pty Limited Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Geocycle Pty Limited Enterprise Agreement 2024 (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 T/A Cement Australia. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geocycle SBF Pty Limited, trading as Cement Australia, applied to the Fair Work Commission for approval of the Geocycle Pty Limited Enterprise Agreement 2024. The dispute arose from the negotiations between the employer and the employees' union regarding the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement provided for minimum wages and conditions, allowed for genuine bargaining, and was free from prohibited content. The Commission had to assess the fairness of the agreement and ensure it complied with the statutory requirements. Furthermore, the Commission considered whether the agreement adequately covered all relevant employees and whether it included any provisions that could be considered contrary to public policy.

In reaching its decision, the Fair Work Commission examined the submissions from both parties and evaluated the agreement's provisions against the statutory criteria. The Commission found that the agreement met all the necessary requirements for approval. It provided for minimum wages and conditions, demonstrated evidence of genuine bargaining, and did not include any content that was contrary to public policy. The Commission was satisfied that the agreement was fair and balanced, and it approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Geocycle Pty Limited Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The agreement is now legally binding on all relevant employees and employers, and it will govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established