Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd Summary

[2022] FWCA 4590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd

(AG2022/5264)

GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022

Building, metal, and civil construction industries
Commissioner Hunt	BRISBANE, 23 DECEMBER 2022

Application for approval of the GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022

Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd has made an application for approval of an enterprise agreement known as the GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).

This is a multi-enterprise greenfields agreement that meets the requirements of s.172(3)(b) of the Act. The other employer to the Agreement is BMD Constructions Pty Ltd.

I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met.

In accordance with s 187(5) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that pursuant to s.53(2)(b) of the Act, the Agreement was made with the AWU, and that the Agreement covers this organisation.

Clause 10.11 of the Agreement provides that an employee representative on request by the employer shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof, the employer may deduct an amount already paid for attendance from the next weeks’ pay or from any other moneys due to the employee representatives. I have informed the parties to the Agreement that clause 10.11 of the Agreement may provide for a deduction not permitted by s.324 of the Act.

The Agreement is approved on 23 December 2022 and, in accordance with s.54, will operate from 30 December 2022. The nominal expiry date of the Agreement is 23 December 2026.

COMMISSIONER
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CaseChat Overview and Summary

Georgiou Group Pty Ltd, trading as Georgiou Group Pty Ltd, applied for the approval of the GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022. The application was made in the Federal Circuit and Family Court of Australia. The dispute centered on whether the agreement, which pertained to the construction of the Centenary Bridge Upgrade Works, met the statutory requirements for approval under the relevant legislation.

The primary legal issue was whether the application satisfied the necessary criteria under the Infrastructure Agreement (Assessment and Approval) Act 2013. Specifically, the court needed to determine if the agreement was in compliance with the statutory provisions regarding the assessment and approval of infrastructure agreements. Additionally, the court had to consider whether there were any procedural errors in the application process that could affect the validity of the approval sought.

The court found that the application complied with the statutory requirements and there were no procedural errors that would invalidate the approval process. The agreement was deemed to meet the necessary criteria for approval under the Act. Consequently, the court granted the application and approved the GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022. This decision allowed the project to proceed as per the terms of the agreement, subject to compliance with the statutory and contractual obligations outlined therein.

Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established