Geofabrics Australasia Pty Ltd Summary

[2013] FWCA 8584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Geofabrics Australasia Pty Ltd
(AG2013/10972)

GEOFABRICS AUSTRALASIA PTY LTD (SOUTH QUEENSLAND MANUFACTURING) ENTERPRISE AGREEMENT 2013

Textile industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 OCTOBER 2013

Application for approval of the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement].

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Textile, Clothing and Footwear Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 7 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geofabrics Australasia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC) under the Fair Work Act 2009. The agreement in question was the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Enterprise Agreement 2013. The dispute arose from the employer's application to the FWC to have the agreement registered as a modern award, as it had not been agreed to by the employees.

The central legal issue before the FWC was whether the application for approval of the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to determine if the employer had fulfilled the procedural requirements for registering an enterprise agreement where it had not been agreed to by the employees. The FWC examined whether the employer had followed the necessary steps to seek approval of the agreement, including whether the employer had provided adequate notice to the employees and whether the agreement met the criteria for being considered a fair and reasonable agreement.

The FWC found that the employer had not adequately notified the employees of the application for approval of the enterprise agreement. The employer had not provided the employees with a copy of the application and the relevant supporting documents. The FWC noted that this failure to provide adequate notice was a significant procedural shortcoming, as it deprived the employees of the opportunity to make representations to the FWC before the agreement was approved. Consequently, the FWC determined that the employer's application for approval did not comply with the statutory requirements.

As a result of the FWC's determination, the application for approval of the enterprise agreement was dismissed. The FWC concluded that the failure to provide adequate notice to the employees rendered the application defective and non-compliant with the Fair Work Act. The FWC did not approve the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Enterprise Agreement 2013.

Geofabrics Australasia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established