The attached document replaces the document previously issued with the above code on 17 July 2015.

The name of the employer has been corrected.

Laura Fitzpatrick

Associate to Senior Deputy President Richards

Dated 17 July 2015

[2015] FWCA 4867

FAIR WORK COMMISSION

DECISION

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

Gumdale Plant Hire Pty Ltd
(AG2015/3276)

GUMDALE PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 JULY 2015

Application for approval of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 July 2015 by Gumdale Plant Hire Pty Ltd for the approval of a single-enterprise agreement known as the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] On 17 July 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015 by APB Employment Pty Ltd. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the process through which the agreement was negotiated and the content of the agreement itself. The Fair Work Commission was tasked with reviewing the application and determining if the agreement could be approved in light of these concerns.

The legal issues the court had to decide were primarily about the validity of the negotiation process and the content of the enterprise agreement. The applicant needed to demonstrate that the agreement was genuinely negotiated and not imposed. Additionally, the content of the agreement had to comply with the Fair Work Act, ensuring it did not undermine the minimum entitlements of employees. The applicant had to prove that the agreement was fairly and genuinely negotiated, and that it did not contravene any provisions of the Fair Work Act.

The Fair Work Commission examined the negotiation process and found that the applicant had failed to prove that the agreement was genuinely negotiated. The evidence suggested that the agreement was imposed rather than negotiated, which was a significant departure from the requirements of the Fair Work Act. Furthermore, the content of the agreement was reviewed, and it was found to contain terms that were inconsistent with the Fair Work Act, particularly regarding minimum entitlements. The Commission concluded that the agreement did not meet the criteria for approval under the Fair Work Act.

The Fair Work Commission dismissed the application for approval of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015. The Commission's decision highlighted the importance of genuine negotiation and compliance with the Fair Work Act in the formation of enterprise agreements. The applicant was required to address the deficiencies identified by the Commission in any future negotiations to ensure compliance with the Act.

APB Employment 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