DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Halley & Mellowes Australasia Pty LTd T/A Geotechnical Systems Australia
(AG2014/10441)

GEOTECHNICAL SYSTEMS AUSTRALIA PTY LTD AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 JANUARY 2015

Application for approval of the Geotechnical Systems Australia Pty Ltd Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Geotechnical Systems Australia Pty Ltd Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Halley & Mellowes Australasia Pty Ltd T/A Geotechnical Systems Australia. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

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

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 19 January 2015. The nominal expiry date of the Agreement is 1 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Halley & Mellowes Australasia Pty Ltd, trading as Geotechnical Systems Australia, and their employees. The dispute centred on the application for approval of the Geotechnical Systems Australia Pty Ltd Agreement 2014, a registered enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Act, whether the agreement was made in accordance with the procedural requirements, and if it was in the best interest of the employees. Additionally, the Commission considered whether there was genuine agreement and if the agreement complied with the good faith bargaining requirement.

In its decision, the Commission examined the procedural fairness of the bargaining process and the content of the agreement. The Commission found that the agreement was made in good faith and that all procedural requirements were met. It was also determined that the agreement contained all the mandatory terms and that it was in the best interest of the employees. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Act.

The Commission made orders approving the Geotechnical Systems Australia Pty Ltd Agreement 2014, effective from the date of the decision. This decision sets a precedent for similar enterprise agreements and provides clarity on the requirements for approval under the Fair Work Act 2009.

Halley & Mellowes Australasia Pty LTd T/A Geotechnical Systems Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established