DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geoscience Australia
(AG2019/1077)

GEOSCIENCE AUSTRALIA ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the Geoscience Australia Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Geoscience Australia Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geoscience Australia. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the CPSU, the Community and Public Sector Union, the Association of Professional Engineers Scientists and Managers Australia (Professionals Australia) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 25 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geoscience Australia involved an application for approval of the Geoscience Australia Enterprise Agreement 2019-2022. The applicant, Geoscience Australia, sought the approval of the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the proposed agreement, which was intended to regulate the employment of Geoscience Australia's staff over the specified period.

The legal issues before the FWC required resolution centred on whether the agreement met the requirements of the Fair Work Act, particularly in terms of the agreement's fairness and whether it provided for appropriate minimum terms and conditions. The court had to consider if the agreement balanced the interests of both employees and the employer, and if it complied with the FWC's criteria for approval, including whether it provided for the safety and welfare of employees, and whether it addressed issues such as pay rates, hours of work, and redundancy provisions.

The FWC, after examining the agreement, determined that it met the statutory requirements for approval. The court found that the agreement provided for appropriate minimum terms and conditions and that it balanced the interests of both employees and the employer. The court noted that the agreement included provisions for pay rates, hours of work, and redundancy, among other terms, which were fair and reasonable. The FWC was satisfied that the agreement was in the public interest and approved the agreement. The court emphasised the importance of maintaining a fair and balanced approach to the employment relationship in its decision.

Geoscience Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established