Geovert Pty Ltd Summary

[2013] FWCA 9643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Geovert Pty Ltd
(AG2013/10145)

GEOVERT PTY LTD GLADSTONE REGION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 DECEMBER 2013

Application for approval of the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Thomas & Coffey Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geovert Pty Ltd applied to the Fair Work Commission for approval of the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013. The application was made by the employer, Geovert Pty Ltd, and the union, Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute concerned the terms and conditions of employment for certain employees in the Gladstone region. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Act. The Commission had to determine if the agreement met the statutory criteria, including that it provided for the fair and reasonable terms and conditions of employment. Specifically, the Commission needed to consider if the agreement provided adequate protection for employee entitlements and if it complied with the provisions of the Act concerning direct and indirect dismissals.

The Commission found that the proposed agreement met the statutory requirements and approved it. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment and included adequate provisions for employee entitlements. The Commission also determined that the agreement did not contravene any provisions of the Act concerning direct and indirect dismissals. The Commission was satisfied that the agreement provided a fair and reasonable framework for the employment relationship between the parties.

The Commission approved the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013, subject to certain conditions. The approval is effective from the date of the decision and will apply to the employees covered by the agreement. The parties are required to take all necessary steps to give effect to the approved agreement.

Geovert Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established