Geofabrics Australasia Pty Ltd Summary

[2024] FWCA 2725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd

(AG2024/2405)

GEOFABRICS AUSTRALASIA PTY LTD - ALBURY MANUFACTURING UNION COLLECTIVE AGREEMENT, 2024

Textile industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JULY 2024

Application for approval of the Geofabrics Australasia Pty Ltd - Albury Manufacturing Union Collective Agreement, 2024

An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd - Albury Manufacturing Union Collective Agreement, 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 July 2024. The nominal expiry date of the Agreement is 1 March 2027.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Construction, Forestry and Maritime Employees Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this proceeding, Geofabrics Australasia Pty Ltd sought approval of the Geofabrics Australasia Pty Ltd - Albury Manufacturing Union Collective Agreement, 2024. The dispute was heard by the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The key issue before the Commission was whether the agreement met the requirements of the Act, specifically focusing on whether it was a "good faith" agreement, as mandated by section 233 of the Act.

The Commission examined the negotiation process and the terms of the agreement to ensure that it was genuinely negotiated in good faith and that the parties had genuinely sought to reach an agreement. The Commission also considered whether the agreement provided appropriate protections for employees and whether it was in the best interests of the employees and the employer. The Commission found that the agreement was negotiated in good faith and that it contained appropriate protections for employees. It concluded that the agreement was in the best interests of the employees and the employer.

The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both parties. The Commission found that the agreement met all the requirements of the Act and was therefore valid and binding on the parties. The approval of the agreement ensures that the parties can proceed with the terms and conditions set out in the agreement, which will govern their industrial relationship moving forward. The Commission's decision provides certainty and stability for both the employer and the employees, and it ensures that the agreement is in compliance with the legal requirements set out in the Fair Work Act.

Geofabrics Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established