Georgiou Group Pty Ltd T/A Georgiou Group

[2014] FWCA 3496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group
(AG2014/1009)

GEORGIOU GROUP (TRADES & SERVICES) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 MAY 2014

Application for approval of the Georgiou Group (Trades & Services) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Georgiou Group (Trades & Services) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Georgiou Group Pty Ltd, trading as Georgiou Group, applied for the approval of the Georgiou Group (Trades & Services) Enterprise Agreement 2014. The application was opposed by a number of unions and individual employees who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on several provisions of the agreement, including those relating to casual employment, shift penalties, and redundancy payments. The unions and employees contended that the agreement unfairly disadvantaged workers by reducing their entitlements and creating a precarious employment environment.

The Commission was required to determine whether the provisions of the agreement were in accordance with the Fair Work Act and whether they met the "better off overall test." This test requires that the terms and conditions of an enterprise agreement be no less favourable to the employees than the applicable award or other industrial instrument. The Commission also needed to consider whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, including the need for genuine bargaining and the provision of relevant information to the parties.

After reviewing the evidence and submissions from both sides, the Commission found that the agreement did not meet the better off overall test for a number of employees. The Commission was particularly concerned about the provisions relating to casual employment, which it found to be less favourable than the applicable award. The Commission also found that the agreement had not been genuinely bargained, as the employer had not provided relevant information to the unions and employees in a timely manner. Accordingly, the Commission refused to approve the agreement. The employer was given an opportunity to lodge a revised agreement that addressed the Commission's concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established