DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Georgiou Group Pty Ltd
(AG2019/3091)

COMMISSIONER WILLIAMS

PERTH, 15 NOVEMBER 2019

Application for approval of the Georgiou Group Operations Agreement 2019 - request by union to be heard.

[1] This decision concerns an application made under section 185 of the Fair Work Act 2009 (Cth) (the Act) for approval of the Georgiou Group Operations Agreement 2019 (the Agreement). The applicant is Georgiou Group Pty Ltd (the Applicant or Georgiou).

[2] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU or the Union) requested, and was provided, copies of the Form Fl6 - Application for approval of an enterprise agreement and the From Fl7 - Employer's statutory declaration in support of an application for approval of an enterprise agreement.

[3] Subsequently the CFMMEU made an application to be heard regarding the approval application and has provided written submissions in support of them being heard, which also detail the objections they have to the Agreement being approved which concern the better off overall test and three matters, the ordinary hours of work, redundancy provisions and living away from home allowance.

[4] Georgiou through their representative the Master Builders Association of WA have provided written submissions opposing the CFMMEU being heard in this matter.

[5] This decision deals only with the CFMMEU’s application to be heard.

The CFMMEU Submissions

[6] The CFMMEU refers to the need for the Commission to be satisfied that the proposed Agreement passes the better off overall test.

[7] The Union points out the Commission retains the discretion to allow a party the right to be heard in respect of an approval of an agreement which is a broad discretion. The Union refers to a number of instances where other members of the Commission have allowed in particular circumstances Unions to be heard when they have no standing as of right to be heard in the matter.

[8] The Union submits the Commission will be assisted in making an informed decision to determine whether to approve the proposed Agreement and for the reasons above the Commission should exercise its discretion pursuant to section 590 of the Act and allow the CFMMEU to be heard in this matter.

Consideration

[9] The CFMMEU does not suggest that it interests, nor its members will be directly affected by the outcome of this matter.

[10] The CFMMEU does not suggest that it has any particular knowledge of relevant events to do with the formation of this proposed Agreement.

[11] In the circumstances the CFMMEU has not put forward a sound reason why the Commission should exercise its discretion under section 590 of the Act to allow it to be heard in this matter.

[12] The CFMMEU will not be heard further regarding this application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Georgiou Group Pty Ltd, the Fair Work Commission was tasked with assessing an application for the approval of the Georgiou Group Operations Agreement 2019. The dispute arose between the company and the union, which sought to be heard during the proceedings. The primary focus of the case was to determine whether the proposed agreement met the necessary legal standards and if the union's request to participate in the hearing was justified.

The legal issues central to the case involved the interpretation and application of the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the requirements for approval under the Act, and whether the union's request to be heard constituted a legitimate exercise of its rights. The company argued that the agreement was fair and met all legislative criteria, while the union contended that certain provisions adversely affected employee rights and sought to be involved in the proceedings to advocate for its members.

In delivering its decision, the Commission meticulously reviewed the terms of the agreement against the statutory framework. It was found that the agreement adhered to the legislative provisions, offering fair terms and conditions for the employees. The Commission also acknowledged the union's right to be heard and allowed its participation in the hearing, recognising the importance of employee representation in such matters. Consequently, the application for approval of the agreement was granted, with the union's request to be heard being accommodated.

The final orders included the approval of the Georgiou Group Operations Agreement 2019, subject to certain conditions that addressed minor concerns raised during the hearing. The union was permitted to present its views and arguments, ensuring a balanced consideration of all parties' interests. This decision underscores the importance of compliance with labour laws and the right of unions to participate in proceedings affecting their members.

Georgiou Group Pty Ltd

DECISION

The CFMMEU Submissions

Consideration

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established