Georgiou Group Pty Ltd T/A Georgiou Group Summary

[2014] FWCA 6470

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group
(AG2014/7481)

GEORGIOU GROUP (OPERATIONS) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER CLOGHAN	PERTH, 28 OCTOBER 2014

Variation of the Georgiou Group (Operations) Enterprise Agreement 2014 - correction to operative date.

[1] The decision issued by the Fair Work Commission on 17 September 2014, [2014] FWCA 6470, AE408330, PR555527, is corrected at paragraph [5] as follows:

The variation operates from 17 September 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Georgiou Group Pty Ltd T/A Georgiou Group, the Fair Work Commission was presented with an application to approve a variation of an enterprise agreement, specifically the Georgiou Group (Operations) Enterprise Agreement 2014. The dispute involved the timing of the variation's effective date, with the applicant seeking to amend the agreement to have the variation commence on a different date than initially specified. The application was made under section 210 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the variation to the enterprise agreement could be approved in a manner that changed the originally stipulated operative date. This involved an interpretation of the legislative provisions concerning the approval and amendment of enterprise agreements, as well as the procedural requirements for such applications. The Commission needed to determine if the application was within the bounds of the law and if the change to the operative date was justified.

The Fair Work Commission, after reviewing the application and the relevant legal framework, found that the proposed variation was consistent with the legislative requirements. The Commission approved the variation with the amendment to the operative date, clarifying that the variation would operate from 17 September 2014. This decision was based on the understanding that the amendment did not undermine the integrity of the enterprise agreement or the interests of the parties involved.

The final orders of the Commission corrected the operative date of the variation to 17 September 2014, aligning the effective date with the approval decision. This decision ensures that the enterprise agreement reflects the agreed-upon changes in a legally compliant manner.

Georgiou Group Pty Ltd T/A Georgiou Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established