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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geofabrics Australasia Pty Ltd recently applied to the Fair Work Commission for the approval of a new collective agreement with its employees in the Albury manufacturing union. The proposed agreement outlines terms and conditions of employment, including wages, hours of work, and dispute resolution procedures. The dispute centred around whether the proposed terms and conditions complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court had to consider whether the agreement provided appropriate protections for employees and balanced the interests of both the employer and employees.

The legal issues that the court had to decide were whether the proposed agreement complied with the formal requirements of the Fair Work Act 2009 and whether it met the "better-off-overall test." The court had to determine whether the agreement provided employees with protections that were at least as good as those provided under the relevant award or applicable law, and whether it was likely to result in employees being better off overall than they would be without the agreement. The court also had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with any other relevant legislative requirements.

In its decision, the court found that the proposed agreement complied with the formal requirements of the Fair Work Act 2009 and met the better-off-overall test. The court found that the agreement provided employees with appropriate protections and balanced the interests of both the employer and employees. The court also found that the agreement provided for appropriate dispute resolution mechanisms and complied with all other relevant legislative requirements. The court approved the agreement, subject to certain minor modifications to address technical issues with the document. These modifications did not affect the substance of the agreement and were minor in nature. The court's decision provides clarity on the requirements for approving collective agreements and ensures that employees are protected under fair and reasonable terms and conditions of employment.

Geofabrics Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established