DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geotech Pty Ltd T/A Geotechnical Engineering
(AG2018/2883)

GEOTECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JULY 2018

Application for approval of the Geotech Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Geotech Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geotech Pty Ltd T/A Geotechnical Engineering. 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 Construction, Forestry, Maritime, Mining and Energy Union 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 17 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geotech Pty Ltd, trading as Geotechnical Engineering, sought approval for their Enterprise Agreement 2016-2018 with the CFMEU (Victorian Construction and General Division). The dispute was brought before the Fair Work Commission to determine whether the agreement complied with the Fair Work Act 2009. The core legal issues centred on whether the agreement met the statutory requirements for approval, specifically whether it included the minimum entitlements mandated by the Act and whether it was made in good faith and without coercion.

The court examined the agreement's provisions against the minimum terms and conditions set out in the Fair Work Act. It considered whether the agreement provided for all the minimum entitlements, including the standard hours of work, minimum wages, and other conditions such as leave entitlements. The court also assessed whether the agreement was negotiated in good faith and without any form of coercion, ensuring the process adhered to the procedural fairness required by the Act. Additionally, the court reviewed whether the agreement contained the necessary certification provisions as mandated by the legislation.

The Fair Work Commission found that the agreement did indeed comply with the statutory requirements. The agreement was certified as meeting the minimum entitlements and was found to have been negotiated in good faith without any coercion. The Commission was satisfied that the process followed the procedural fairness expected under the Act. Consequently, the Commission approved the Enterprise Agreement 2016-2018, allowing it to come into effect.

The final orders of the Commission were that the Enterprise Agreement 2016-2018 between Geotech Pty Ltd and the CFMEU (Victorian Construction and General Division) be approved, effective from the date of the Commission's decision. The agreement was to be registered and enforceable as per the provisions of the Fair Work Act.

Geotech Pty Ltd T/A Geotechnical Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established