Geofabrics Australasia Pty Ltd

[2022] FWCA 816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd

(AG2022/471)

Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 18 MARCH 2022

Application for approval of the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2021

An application has been made for approval of an enterprise agreement known as Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geofabrics Australasia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU and the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geofabrics Australasia Pty Ltd, represented by the company, sought approval of the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2021, which was intended to be a registered agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval as set out in the Act. The key legal issues were whether the agreement contained the minimum requirements for a registered agreement and whether it was made in good faith and without coercion.

The Fair Work Commission examined the agreement to determine if it contained the necessary minimum terms and conditions of employment. The Commission found that the agreement met all the requirements of a registered agreement, including the provision of minimum wages and conditions, and the establishment of a dispute resolution procedure. The Commission also considered whether the agreement was made in good faith and without coercion. It found that the agreement was the result of genuine bargaining between the parties and was not made under duress. The Commission concluded that the agreement was fair and reasonable and met the criteria for approval under the Act.

The Fair Work Commission approved the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2021 as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement met all the requirements of a registered agreement and was made in good faith and without coercion. The approval of the agreement provides certainty and stability for the parties and their employees and helps to promote harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established