Geofabrics Australasia Pty Ltd

[2019] FWCA 2359

[2019] FWCA 2359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd
(AG2019/242)

GEOFABRICS AUSTRALASIA PTY LTD (SOUTH QUEENSLAND MANUFACTURING) COLLECTIVE AGREEMENT 2018

Textile industry
COMMISSIONER PLATT	ADELAIDE, 8 APRIL 2019

Application for approval of the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Geofabrics Australasia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 February 2019.

[3] On 1 and 15 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] It is noted that the definition of a casual employee contained in clause 3.7.1 of the proposed Agreement may result in some employees being incorrectly described as a casual employee for the purposes of the National Employment Standards (NES), however, the Applicant has undertaken to replaced that definition with one that requires casual employees to undertake relieving work or work of a casual, irregular or intermittent nature that would not classify the person as a part time or full time employee. I am of the view that the requirements of s.55 of the Act (in this regard) have been met.

[5] The Applicant has submitted an undertaking in the required form dated 28 March 2019. The undertaking deals with the following topics:

•  The references to the quantum of annual leave which are expressed in hours have been deleted.

•  Despite clause 5.1.1 of the Agreement, the maximum ordinary hours of work per days will be eight.

•  The Applicant must specify the additional information detailed in clause 3.6.2 of the Agreement at the time of engagement, provided that the regular pattern of work may be varied in accordance with clause 3.6.3.

•  Overtime for part-time employees will be paid in the circumstances detailed in clause 5.4 of the Agreement.

•  Where twelve hour shifts are worked, payments made to employees will be audited against the relevant Award to ensure that the better off overall test is met.

•  Any default superannuation fund must be MySuper compliant.

•  A revised definition of shift worker (which is also for the purposes of the NES) has been inserted at clause 6.1.2 of the Agreement.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” and “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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