Geofabrics Australasia Pty Ltd

[2021] FWCA 2370

[2021] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd
(AG2021/4461)

GEOFABRICS AUSTRALASIA PTY LTD - ALBURY MANUFACTURING UNION COLLECTIVE AGREEMENT, 2021

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 APRIL 2021

Application for approval of the Geofabrics Australasia Pty Ltd - Albury Manufacturing Union Collective Agreement, 2021.

[1] An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd - Albury Manufacturing Union 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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained clause number and cross referencing errors. On 29 April 2021, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 29 April 2021 and, in accordance with s.54, will operate from 6 May 2021. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

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Annexure A