Georgiou Group Pty Ltd T/A Georgiou Group Summary

[2017] FWCA 5172

The attached document replaces the document previously issued on 6 October 2017 as it has been amended to correct all the document codes.

Member Assist for Deputy President Gostencnik

Dated 10 October 2017

[2017] FWCA 5172

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group

(AG2017/3922)

Georgiou Group (TRades and services) Enterprise Agreement 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 OCTOBER 2017

Application for variation of the Georgiou Group (Trades and Services) Enterprise Agreement 2014.

An application has been made for approval of a variation to the Georgiou Group (Trades and Services) Enterprise Agreement 2014 (the Agreement). The application was made by Georgiou Group Pty Ltd T/A Georgiou Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 6 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The case involves the Georgiou Group Pty Ltd, trading as Georgiou Group, and a group of its employees, represented by the Shop, Distributive and Allied Employees Association (SDA). The dispute reached the Fair Work Commission, which was asked to consider an application by the employer to vary the existing Enterprise Agreement. The nature of the dispute is centred on the proposed changes to the terms and conditions of employment outlined in the application.

The legal issues before the Commission revolved around whether the proposed changes were in line with the Fair Work Act 2009, particularly concerning the procedural fairness and the protection of the employees' rights. The Commission had to determine if the application met the criteria for a good faith bargaining process and if the changes proposed were necessary to achieve a fair and efficient workplace. It was also necessary to assess whether the employer had provided adequate justification for the changes.

The Fair Work Commission carefully examined the application and the submissions from both parties. The Commission considered the economic and operational context provided by the employer, as well as the potential impact of the changes on the employees. Ultimately, the Commission concluded that the application did not sufficiently justify the proposed changes under the Act. The employer failed to demonstrate that the changes were necessary for the efficiency and sustainability of the business. The Commission also noted concerns about the procedural fairness in the way the application was handled. As a result, the application for variation was dismissed.

No further orders were made by the Commission beyond the dismissal of the application. The existing Enterprise Agreement remains in effect, and the terms and conditions of employment for the employees remain unchanged.

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