DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geocycle SBF Pty Limited T/A Cement Australia
(AG2021/7022)

GEOCYCLE PTY LIMITED ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Geocycle Pty Limited Enterprise Agreement 2021.

[1] Geocycle SBF Pty Limited T/A Cement Australia (the Employer) has made an application for approval of an enterprise agreement known as the Geocycle Pty Limited Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 September 2021 and, in accordance with s 54, will operate from 23 September 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Geocycle SBF Pty Limited trading as Cement Australia, applied to the Fair Work Commission for the approval of the Geocycle Pty Limited Enterprise Agreement 2021. The respondents, comprising various unions and individual employees, opposed the application on several grounds, including that the agreement did not comply with the Fair Work Act 2009 and did not meet the “better off overall test”.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act and if it provided employees with outcomes that were at least as good as their current conditions, referred to as the “better off overall test”. The Commission needed to determine if the agreement was fairly negotiated and if it contained all the mandated terms and conditions, including minimum wages, penalty rates, leave entitlements and other employment-related matters.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements and met the better off overall test. The Commission considered the evidence presented by both parties, including the negotiation process and the terms of the agreement. It was satisfied that the agreement provided employees with improved conditions in several areas, such as wages, leave entitlements and redundancy provisions. The Commission concluded that the agreement was fairly negotiated and contained all the necessary terms and conditions, thus meeting the legal requirements under the Fair Work Act.

The Fair Work Commission approved the Geocycle Pty Limited Enterprise Agreement 2021, and it will now be binding on the parties from the date of the Commission’s decision. The agreement will replace any previous enterprise agreements between the parties and will govern the employment conditions of the relevant employees. The approval of the agreement brings certainty to the employment relationship and ensures that both employers and employees are aware of their respective rights and obligations under the new agreement.

Geocycle SBF Pty Limited T/A Cement Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established