Geoservices Australasia Pty Ltd

Case [2017] FWCA 5414


[2017] FWCA 5414

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Geoservices Australasia Pty Ltd

(AG2017/3273)

Geoservices Australasia Pty Ltd Enterprise Agreement 2017

Technical services

Commissioner Wilson

MELBOURNE, 19 OCTOBER 2017

Application for approval of the Geoservices Australasia Pty Ltd Enterprise Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the Geoservices Australasia Pty Ltd Enterprise Agreement 2017 (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 T/As Geoservices Australasia. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2017. The nominal expiry date of the Agreement is 18 October 2018.


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Details
AGLC
Geoservices Australasia Pty Ltd [2017] FWCA 5414
Case
[2017] FWCA 5414
Decision Date

CaseChat Overview and Summary

Geoservices Australasia Pty Ltd recently sought approval of an enterprise agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary requirements for approval. The dispute centred on several key legal issues, including whether the agreement provided for the proper operation of the business, the protection of employee rights, and whether the agreement was free from any unfair content. The commission had to examine whether the agreement complied with the provisions of the Fair Work Act and the principles of industrial justice.

In its decision, the commission considered various aspects of the agreement, including its coverage, provisions for wages and conditions, and dispute resolution mechanisms. It assessed whether the agreement facilitated the efficient operation of the business while safeguarding the rights and interests of employees. The commission also evaluated whether the agreement contained any provisions that were unfair or detrimental to the employees. After a thorough examination, the commission found that the agreement met the necessary requirements for approval. It concluded that the agreement provided for the proper operation of the business, protected employee rights, and was free from any unfair content.

As a result, the Fair Work Commission approved the Geoservices Australasia Pty Ltd Enterprise Agreement 2017. The approval was based on the commission's determination that the agreement complied with the Fair Work Act and adhered to the principles of industrial justice. The decision provided certainty to both the employer and employees, ensuring that the agreement would govern their relationship in a fair and balanced manner. The final orders of the commission confirmed the approval of the enterprise agreement, effective from the date of the decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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