Geoservices Australasia Pty Ltd T/A Geoservices Australasia

[2025] FWCA 719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Geoservices Australasia Pty Ltd T/A Geoservices Australasia

(AG2025/202)

GEOSERVICES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER LIM	PERTH, 24 FEBRUARY 2025

Application for approval of the Geoservices Australasia Pty Ltd Enterprise Agreement 2024.

Geoservices Australasia Pty Ltd Trading As Geoservices Australasia (the Applicant) has made an application for the approval of an enterprise agreement known as the Geoservices Australasia Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

On the basis of the material contained in the application and accompanying declarations, 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.

The Association of Professional Engineers, Scientists and Managers, Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 24 February 2025 and, in accordance with s 54, will operate from 3 March 2025. The nominal expiry date of the Agreement is 24 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geoservices Australasia Pty Ltd, trading as Geoservices Australasia, applied for approval of the Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet specific criteria under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed agreement complied with the requirements for a valid enterprise agreement, including provisions for employee representation and dispute resolution.

The legal issues before the Commission were whether the agreement provided for adequate representation of employees, met the requirements for good faith bargaining, and contained appropriate dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement was free from any provisions that could be considered contrary to public policy or unfair to employees.

In reaching its decision, the Commission examined the provisions of the Fair Work Act and considered the principles of good faith bargaining and procedural fairness. It found that the agreement adequately provided for the representation of employees and contained appropriate dispute resolution mechanisms. The Commission concluded that the agreement was negotiated in good faith and did not contain any provisions that were contrary to public policy or unfair to employees. As a result, the Commission approved the Enterprise Agreement 2024, deeming it to be compliant with the legislative requirements.

The Commission's final orders were that the Enterprise Agreement 2024 be approved and registered. This decision ensures that the agreement is legally binding and enforceable between Geoservices Australasia Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established