DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geoservices Australasia Pty Ltd T/A Geoservices Australasia
(AG2019/3958)

GEOSERVICES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2019

Technical services
COMMISSIONER WILSON	MELBOURNE, 4 NOVEMBER 2019

Application for approval of the Geoservices Australasia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Geoservices Australasia Pty Ltd Enterprise Agreement 2019 (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/A Geoservices Australasia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 4 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Geoservices Australasia Pty Ltd, trading as Geoservices Australasia, an applicant for the approval of an enterprise agreement. The dispute centred around the terms of the proposed agreement and whether it met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to ensure it complied with the various statutory provisions designed to protect the interests of employees and maintain fair industrial relations practices.

The primary legal issues the Commission needed to resolve included whether the agreement contained all the mandated terms, whether it met the ‘better off overall test’ (BOOT), and whether it complied with the procedural requirements for registration. These issues were crucial to determine if the agreement could be certified as meeting the standards for a lawful enterprise agreement under the Act. The Commission also considered whether the agreement adequately provided for the employees' rights and protections, including minimum wages and conditions.

In examining the application, the Commission found that the enterprise agreement included all the prescribed terms and passed the better off overall test. It was determined that the proposed agreement was fair and did not disadvantage the employees in terms of wages, conditions, or other entitlements. The procedural aspects of the agreement, including the manner in which it was negotiated and the participation of the employees, were also found to be in compliance with the Act. Based on these findings, the Commission approved the Geoservices Australasia Pty Ltd Enterprise Agreement 2019, certifying it as a lawful and fair agreement.

The Fair Work Commission certified the Geoservices Australasia Pty Ltd Enterprise Agreement 2019 as meeting the requirements of the Fair Work Act 2009. The decision was made on the basis that the agreement contained all prescribed terms, met the better off overall test, and adhered to the procedural requirements for registration. This approval ensures that the agreement is legally binding and will govern the employment conditions of the employees within the enterprise.

Geoservices Australasia Pty Ltd T/A Geoservices Australasia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established