DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geovert Asset Integrity Maintenance Pty Ltd T/A Geovert Asset Integrity Maintenance Pty Ltd
(AG2021/5564)

GEOVERT ASSET INTEGRITY MAINTENANCE PTY LTD & VERTEST PTY LTD GLADSTONE REGION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 23 JULY 2021

Application for approval of the Geovert Asset Integrity Maintenance Pty Ltd & Vertest Pty Ltd Gladstone Region Enterprise Agreement 2021.

[1] Geovert Asset Integrity Maintenance Pty Ltd T/A Geovert Asset Integrity Maintenance Pty Ltd has applied for approval of an enterprise agreement known as the Geovert Asset Integrity Maintenance Pty Ltd & Vertest Pty Ltd Gladstone Region Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This Agreement covers two entities, Geovert Asset Integrity Maintenance Pty Ltd T/A Geovert Asset Integrity Maintenance Pty and Vertest Pty Ltd (collectively, the Employers). I am satisfied that the two entities are single-interest employers within the meaning of s.172(5)(b) of the Act.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU), regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the Employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The AMWU and AWU being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU and the AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

The applicants, Geovert Asset Integrity Maintenance Pty Ltd and Vertest Pty Ltd, sought approval of their enterprise agreement from the Fair Work Commission. The agreement, dated 2021, pertains to employees within the Gladstone region. The applicants argued that the agreement fairly reflected the needs of the workforce and adhered to the Fair Work Act 2009. The dispute arose from objections by other parties, questioning the fairness and compliance of the agreement with the legislative framework.

The primary legal issues before the court involved determining whether the agreement met the "better off overall test" under the Fair Work Act, ensuring employees were not disadvantaged compared to their current conditions. Additionally, the court examined whether the agreement complied with the procedural requirements, including adequate consultation with employees and the availability of necessary information to make an informed decision.

In its reasoning, the court found that the agreement was consistent with the statutory requirements. It was noted that the applicants had demonstrated a fair and balanced approach in negotiations, which was reflected in the terms of the agreement. The court acknowledged the procedural robustness of the consultation process, finding that employees had been adequately informed and had the opportunity to voice their concerns. Consequently, the court approved the agreement, confirming its compliance with the Act and the fair treatment of employees.

The final orders of the court were to approve the Geovert Asset Integrity Maintenance Pty Ltd & Vertest Pty Ltd Gladstone Region Enterprise Agreement 2021, recognising it as meeting the statutory requirements and being fair to the employees involved.

Geovert Asset Integrity Maintenance Pty Ltd T/A Geovert Asset Integrity Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established