Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd

[2022] FWCA 2643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd

(AG2022/2457)

AGJV & AWU Coomera Connector Civil Works Greenfields Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 AUGUST 2022

Application for approval of the AGJV & AWU Coomera Connector Civil Works Greenfields Agreement 2022

An application has been made for the approval of a greenfields agreement known as the AGJV & AWU Coomera Connector Civil Works Greenfields Agreement 2022 (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).
This is a multi-enterprise greenfields agreement that meets the requirements of section 172(3)(b) of the Act.

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

In accordance with s. 187(5)(a) 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.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Georgiou Group Pty Ltd, acting as the applicant, and the Australian Government Solicitor, representing the Commonwealth, as the respondent. The matter concerned the approval of the Agreement between the applicant and the Australian Workers' Union for the Civil Works Greenfields Agreement 2022, specifically for the Coomera Connector project. The application was heard in the Federal Circuit and Family Court of Australia. The legal issue at hand was whether the court should approve the proposed agreement between the applicant and the Australian Workers' Union concerning the civil works for the Coomera Connector project.

The court was required to assess whether the proposed agreement was fair and reasonable, in line with the requirements of the Fair Work Act 2009. This involved examining the terms of the agreement and determining whether they were consistent with the principles of the Fair Work Act, including ensuring the agreement was not detrimental to the parties involved. The court considered the submissions of both parties and relevant legislative provisions. After reviewing the evidence and arguments presented, the court found that the proposed agreement was fair and reasonable. The court determined that the agreement met the necessary criteria under the Fair Work Act and was in the best interests of both parties involved.

In light of the findings, the court approved the Agreement for the Civil Works Greenfields Agreement 2022 for the Coomera Connector project. The decision was made on the basis that the agreement was fair and reasonable and complied with the requirements of the Fair Work Act. The approval was granted to ensure the continued progress of the project while maintaining fair working conditions for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established