DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd T/A Geofabrics Australasia
(AG2016/2445)

GEOFABRICS AUSTRALASIA PTY LTD (SOUTH QUEENSLAND MANUFACTURING) ENTERPRISE AGREEMENT 2015

Clothing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2016

Application for approval of the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd (South Queensland Manufacturing) Enterprise Agreement 2015 (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 T/A Geofabrics Australasia. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 April 2016 and, in accordance with s.54, will operate from 14 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Geofabrics Australasia Pty Ltd, trading as Geofabrics Australasia, sought approval of the Enterprise Agreement 2015, which had been negotiated with the Australian Manufacturing Workers' Union. The dispute involved whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The matter was heard by the Fair Work Commission.

The key issues before the Commission were whether the enterprise agreement was genuinely negotiated and if it contained terms that were fair and reasonable. The Commission considered whether the agreement was made in good faith and whether it provided for terms that were fair and reasonable. The Commission also examined the negotiation process and the terms of the agreement itself, including the provisions on pay rates, conditions, and dispute resolution mechanisms.

The Commission found that the agreement was genuinely negotiated and that the parties had engaged in a meaningful bargaining process. The Commission concluded that the agreement contained terms that were fair and reasonable, including provisions for pay rates, conditions, and dispute resolution. The Commission was satisfied that the agreement was made in good faith and that it provided for terms that were fair and reasonable.

The Commission approved the Enterprise Agreement 2015, noting that it provided for fair and reasonable terms and conditions and that it was made in good faith. The agreement was registered, and the parties were required to comply with its terms.

Geofabrics Australasia Pty Ltd T/A Geofabrics Australasia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established