Geofabrics Australasia Pty Ltd
[2022] FWCA 816
•18 MARCH 2022
| [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
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