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

Printed by authority of the Commonwealth Government Printer

Geofabrics Australasia Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a trade union, sought the Fair Work Commission's approval of their proposed collective agreement. The application was made under the Fair Work Act 2009, which mandates that such agreements be assessed for compliance with various statutory provisions designed to protect employees' rights and interests. The case was heard in the Commission's South Brisbane registry.

The primary legal issues revolved around whether the proposed agreement complied with the Fair Work Act, including its provisions regarding minimum wages, working conditions, and procedural fairness in the negotiation process. Specifically, the Commission had to determine whether the agreement met the criteria for "modern awards" and whether it contained permissible terms and conditions.

The Commission examined the proposed agreement in detail, ensuring it adhered to the requirements of the Fair Work Act. The Commission found that the agreement was consistent with modern awards and contained terms and conditions that were not less favourable than those provided by the applicable award. It also confirmed that the negotiation process was procedurally fair and that the agreement was in the best interests of the employees. Based on these findings, the Commission approved the proposed agreement, thereby resolving the dispute between the parties.

The Fair Work Commission's final orders included the approval of the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Collective Agreement 2018, subject to the conditions and terms outlined in the agreement. This decision effectively formalised the agreement between the employer and the union, providing a legally binding framework for the employment relationship going forward.

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