DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMF Contractors 2012 Pty Ltd
(AG2015/6591)

GMF CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the GMF Contractors Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GMF Contractors Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMF Contractors 2012 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of GMF Contractors 2012 Pty Ltd, the applicant sought approval of the GMF Contractors Pty Ltd Enterprise Agreement 2015. The application was heard in the Fair Work Commission, where the primary concern was the fairness and compliance of the proposed agreement with relevant industrial laws. The applicant, GMF Contractors, aimed to establish specific terms and conditions for its employees, which included pay rates, working hours, and other employment-related provisions. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the enterprise agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the Fair Work Act's requirements. Additionally, the court examined whether the agreement was appropriately negotiated and if it provided for the protection of employees' rights and interests. The applicant had to demonstrate that the agreement was not only beneficial to the employer but also fair to the employees, taking into account their needs and the industry standards.

The court found that the enterprise agreement was made in good faith and contained terms and conditions that were fair and reasonable. It was determined that the agreement was the result of proper negotiation and provided adequate protection for the employees' rights. The court considered the evidence presented by both parties and the broader context of the industry practices. After thorough analysis, the court concluded that the agreement met all necessary legal standards and was in compliance with the Fair Work Act. Therefore, the application for approval of the GMF Contractors Pty Ltd Enterprise Agreement 2015 was successful.

The final orders included the approval of the enterprise agreement as presented, with the understanding that it would govern the employment terms and conditions for the employees of GMF Contractors. The court mandated that any changes to the agreement in the future must also adhere to the same legal standards and processes as outlined in the Fair Work Act. This decision provided clarity and legal certainty for both the employer and the employees regarding the terms of their employment.

GMF Contractors 2012 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