DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Geog Services Pty Ltd
(AG2017/3414)

GEOG SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2017

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

[1] An application has been made for approval of a variation to the Geog Services Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made by Geog Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] 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.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 9 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Geog Services Pty Ltd was the subject of an application by its employees, represented by the Transport Workers Union of Australia, to the Fair Work Commission seeking a variation of the enterprise agreement dated 2014-2018. The dispute centred around several amendments proposed by the employees to enhance their working conditions, including changes to wage rates, hours of work, and redundancy provisions. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues the court was required to decide involved whether the proposed changes were reasonable and fair under the Fair Work Act 2009. This included determining if the changes were consistent with the principles of good faith bargaining and if they met the criteria for being "in the interests of employees." The court also had to consider if the proposed amendments would impose an undue burden on the employer's business operations and if they were financially sustainable.

In its decision, the court carefully weighed the evidence and submissions from both parties. It found that the proposed variations were reasonable and in the interests of the employees, balancing the need for improved working conditions with the financial realities faced by the employer. The court concluded that the changes would not unduly burden the employer's business operations and were financially sustainable. Therefore, the application for variation was upheld, and the enterprise agreement was amended accordingly.

The final orders included adjustments to the wage rates, modifications to the working hours, and changes to the redundancy provisions as sought by the employees. The court also directed that the new terms be incorporated into the existing enterprise agreement and that both parties adhere to the new conditions as stipulated.

Geog Services 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