DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geographe Civil Pty Ltd
(AG2014/10868)

GEOGRAPHE CIVIL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Geographe Civil Pty Ltd Enterprise Agreement 2014.

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

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geographe Civil Pty Ltd applied for approval of the Geographe Civil Pty Ltd Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The dispute centred around the validity and enforceability of the Enterprise Agreement, specifically whether the agreement was made in accordance with the relevant legislative framework and whether it met the requirements for approval.

The primary legal issues were whether the agreement was made genuinely and freely, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements outlined in the Fair Work Act 2009. Additionally, the court had to determine if the agreement was in the best interests of the employees and if it promoted workplace harmony.

The Fair Work Commission found that the agreement was made genuinely and freely, contained the necessary minimum terms and conditions, and complied with the procedural requirements. The agreement was deemed to be in the best interests of the employees and was likely to promote workplace harmony. Consequently, the Commission approved the enterprise agreement. The decision was grounded in the understanding that the agreement reflected a balance of interests and was made in good faith.

The final orders of the Commission were that the Geographe Civil Pty Ltd Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision was made on the basis that the agreement met all the necessary legal criteria and was in the interests of both the employer and the employees.

Geographe Civil 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