DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geofabrics Australasia Pty Ltd T/A Geofabrics Australasia
(AG2018/1047)

GEOFABRICS AUSTRALASIA PTY LTD ALBURY MANUFACTURING UNION COLLECTIVE AGREEMENT, 2018

Clothing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2018

Application for approval of the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2018 (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.

[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 & 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 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Geofabrics Australasia Pty Ltd trading as Geofabrics Australasia, applied to the Fair Work Commission for the approval of the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2018. The Australian Manufacturing Workers' Union opposed the application. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements, particularly in terms of its coverage, the parties involved, and whether it met the criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith, if it provided for the proper administration of the workplace, and if it included appropriate mechanisms for resolving disputes.

The Commission examined the evidence and submissions from both parties, focusing on whether the agreement was genuinely negotiated and if it met the criteria set out in the Fair Work Act. The applicants argued that the agreement was the result of genuine negotiations and provided for the proper administration of the workplace. The Union, on the other hand, raised concerns about the scope of the agreement and its compliance with the legislative requirements. After considering the arguments and evidence, the Commission concluded that the agreement was made in good faith and met the criteria for approval under the Fair Work Act. The agreement provided for appropriate mechanisms for resolving disputes and was considered to be in the best interests of the employees.

The Fair Work Commission approved the Geofabrics Australasia Pty Ltd Albury Manufacturing Union Collective Agreement, 2018, finding that it was made in good faith and met the legislative criteria. The Commission considered that the agreement was the result of genuine negotiations and provided for the proper administration of the workplace. The Union's concerns about the scope of the agreement were addressed, and the Commission was satisfied that the agreement included appropriate mechanisms for resolving disputes. The Commission's decision was based on a detailed analysis of the evidence and submissions from both parties. The final order was that the proposed agreement be approved and registered under the Fair Work Act.

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