Geog Services Pty Ltd

[2014] FWCA 3095

FAIR WORK COMMISSION

DECISION

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

Geog Services Pty Ltd
(AG2014/1024)

GEOG SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 MAY 2014

Application for approval of the Geog Services Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Geog Services Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geog Services Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2014. The nominal expiry date of the Agreement is 1 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for the approval of the Geog Services Pty Ltd Enterprise Agreement 2014-2018. The application was brought by the employer, Geog Services Pty Ltd, with the union, the Construction, Forestry, Mining and Energy Union (CFMEU), as a party to the agreement. The nature of the dispute was whether the agreement met the requirements of section 230 of the Fair Work Act 2009 for it to be approved.

The legal issues before the FWC were whether the agreement was a "good faith" agreement and whether it contained the "minimum terms" required by the Act. In particular, the FWC needed to determine whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable minimum terms set out in the relevant award or safety net award, and whether the agreement had been negotiated in good faith.

The FWC found that the agreement met the requirements of the Act. It found that the agreement had been negotiated in good faith and contained the minimum terms required by the Act. The FWC noted that the agreement provided for terms and conditions of employment that were no less favourable than the applicable minimum terms and that there were no issues with the agreement that would prevent it from being approved. The FWC approved the agreement under section 230 of the Act.

The FWC made an order approving the Geog Services Pty Ltd Enterprise Agreement 2014-2018 as a registered agreement under section 230 of the Fair Work Act 2009. The agreement was registered on the date of the FWC's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established