Geofabrics Australasia Pty Ltd - [2025] FWCA 1538

[2025] FWCA 1538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd

(AG2025/429)

GEOFABRICS AUSTRALASIA PTY LTD (SOUTH EAST QLD MANUFACTURING) COLLECTIVE AGREEMENT 2024

Textile industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 8 MAY 2025

Application for approval of the Geofabrics Australasia Pty Ltd (South East Qld Manufacturing) Collective Agreement 2024

Geofabrics Australasia Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd (South East Qld Manufacturing) Collective Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Signatures

A party’s application for the Commission’s approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory’s full name and address, and an explanation of their authority to sign.[2]

In this case, the Employer’s application was accompanied by a copy of the Agreement. The signatory page did not state the signatories’ addresses. In relation to employee representatives, the page included signatures from Ms Alison Rudman and Mr Rohan Webb, each appearing in signature blocks under the words

“Signed on behalf of the Employees of GEOFABRICS AUSTRALASIA PTY LTD, ACN 005 479 961, by its authorised representative:”

Ms Rudman’s signature block stated that her position was “District Secretary.” Immediately after the signature block the following words appeared:

The above person is authorised to sign this agreement on behalf of the employees for the following reasons:
Secretary of union employees are represented by

Mr Webb’s signature block gave a fuller statement of his position, “AMWU State Secretary, QLD & NT.” It was followed by:

The above person is authorised to sign this agreement on behalf of the employees for the following reasons:
AMWU State Secretary – Queensland & northern Territory as the representative of members of the AMWU covered by this Agreement

The employer subsequently supplied two revised signatory pages. The first provided an address for the employer’s signatory, and provided Mr Webb’s address. The space under “The above person is authorised to sign this agreement on behalf of the employees for the following reasons:” was left blank. The second provided an address for the employer’s signatory, and provided both a fuller statement of Ms Rudman’s position, and her address. The space under “The above person is authorised to sign this agreement on behalf of the employees for the following reasons:” was again left blank.

Even with the revised signatory pages, it arguable that the Agreement has been signed as required under section 185(2)(a) of the Fair Work Act when read with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (“the Regulations”). In that regard, in CFMMEU v Griffiths Cranes Pty Ltd[3] Commissioner McKenna, in her minority decision,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FWCA 1538
Decision Date: 8 MAY 2025

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a proposed collective agreement between Geofabrics Australasia Pty Ltd and its employees. The agreement, titled "Geofabrics Australasia Pty Ltd (South East Qld Manufacturing) Collective Agreement 2024," was intended to cover terms and conditions of employment for workers in the South East Queensland manufacturing sector. The dispute arose from the application for approval of the collective agreement, which was submitted for consideration under the relevant industrial relations legislation.

The legal issues that the Commission needed to address involved determining whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was made in good faith and whether it provided for a safety net of minimum entitlements for the employees. Additionally, the Commission examined whether the agreement had been negotiated in accordance with the relevant provisions of the Act and if it provided for proper dispute resolution mechanisms.

In its decision, the Fair Work Commission examined the details of the proposed agreement and found that it met the statutory requirements for approval. The Commission noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, including those relating to minimum wage rates, classification of employees, and dispute resolution procedures. The Commission also confirmed that the agreement had been negotiated in good faith and provided an adequate safety net for the employees. Consequently, the Commission approved the proposed collective agreement, finding it to be fair and reasonable in all respects.

As a result of the Commission's decision, the Geofabrics Australasia Pty Ltd (South East Qld Manufacturing) Collective Agreement 2024 was approved and registered. This outcome ensures that the agreement will govern the employment terms and conditions for the relevant employees, providing a clear and legally binding framework for their workplace relations.

Orders