DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gumala Enterprises Pty Ltd T/A Gumala Contracting
(AG2018/6685)

GUMALA ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 APRIL 2019

Application for approval of the Gumala Enterprises Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Gumala Enterprises Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gumala Enterprises Pty Ltd T/A Gumala Contracting.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 16 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gumala Enterprises Pty Ltd, trading as Gumala Contracting, sought approval of its 2018 Enterprise Agreement from the Fair Work Commission. The company, which operates in the construction industry, argued that the agreement fairly reflected the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was genuinely an enterprise agreement as defined by the Act. This required considering whether the agreement was negotiated in good faith, involved genuine bargaining, and contained appropriate terms and conditions for the employees. The Commission had to ensure that the agreement did not unfairly disadvantage any party and complied with the statutory provisions for enterprise agreements.

The Commission found that the agreement was genuinely an enterprise agreement, as it was negotiated in good faith and involved genuine bargaining. The terms and conditions were considered fair and reasonable, providing appropriate protections and benefits for the employees. The Commission was satisfied that the agreement complied with the statutory requirements and did not unfairly disadvantage any party. Consequently, the Fair Work Commission approved the Gumala Enterprises Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission's decision to approve the agreement was based on the evidence provided by the parties and the Commission's assessment of the agreement's compliance with the Fair Work Act. The Commission's approval ensures that the terms and conditions set out in the agreement will apply to the employees of Gumala Enterprises Pty Ltd, providing a stable and fair framework for their employment.

Gumala Enterprises Pty Ltd T/A Gumala Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established