Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd
[2024] FWCA 2869
•6 AUGUST 2024
| [2024] FWCA 2869 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd
(AG2024/2815)
GEORGIOU GROUP PLANT AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 6 AUGUST 2024 |
Georgiou Group Plant Agreement 2024
An application has been made for approval of an enterprise agreement known as the GEORGIOU GROUP PLANT AGREEMENT 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 June 2024 and the Agreement was made on 19 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
From the material submitted by the Applicant it appears that there may have been a small error in the NERR issued to employees. However, given that all employees covered appointed themselves as bargaining agents, I am satisfied that I can use the power conferred by s.188(5) of the Act to disregard the minor technical error.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
Pursuant to s205A(2) of the Act, the workplace delegates’ rights term prescribed by the Vehicle Repair, Services and Retail Award 2020 taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 13 August 2028.
DEPUTY PRESIDENT
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APPENDIX A
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