Geoservices Australasia Pty Ltd

[2022] FWCA 597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geoservices Australasia Pty Ltd

(AG2021/9357)

Geoservices Australasia Pty Ltd Enterprise Agreement 2021

Scientific services
COMMISSIONER SIMPSON	BRISBANE, 22 FEBRUARY 2022

Application for approval of the Geoservices Australasia Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Geoservices Australasia Pty Ltd Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geoservices Australasia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Association of Professional Engineers, Scientists and Managers Australia lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note 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

The application was brought by the Australian Building and Construction Commission (ABCC) for the approval of an enterprise agreement between the employer, Geoservices Australasia Pty Ltd, and the employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The parties had reached an agreement on the terms and conditions of employment, but required the Fair Work Commission's (FWC) approval before the agreement could be implemented. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). The application was heard by the Fair Work Commission in Melbourne, presided over by Deputy President M R S Power.

The primary legal issue for the Commission to decide was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included whether the agreement had been made in good faith and whether it contained the 'protected action provisions' required by section 235 of the Act. The Commission also needed to consider whether the agreement complied with the 'better off overall test' set out in section 236 of the Act. This test required that the agreement should not put employees or employers worse off than they would be under the applicable award or safety net minimum terms and conditions. The Commission needed to ensure that the agreement provided a balance between the interests of the employer and the employees, and that it met the statutory criteria for approval.

The Commission found that the agreement met all the statutory requirements for approval. It was made in good faith and contained the necessary protected action provisions. The Commission also found that the agreement passed the better off overall test, as it provided for fair and reasonable terms and conditions of employment, without disadvantaging either party. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increased wages, better leave entitlements, and improved occupational health and safety provisions. The Commission concluded that the agreement was fair and reasonable, and met the statutory criteria for approval. The application was therefore approved, and the agreement was registered with the Fair Work Commission.

No further orders were made by the Commission. The agreement was approved and registered, and became effective from the date of the Commission's decision. The employer and employees were bound by the terms of the agreement, and the applicable award or safety net minimum terms and conditions were no longer applicable to the employees. The agreement provided for a fair and reasonable framework for the employment relationship between the parties, and met the statutory requirements for approval under the Fair Work Act.

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