Gumbay Holdings Pty Ltd T/A Avante Linemarking, Safety Road Australia Pty Limited T/A Avante Linemarking Queensland

[2023] FWCA 1898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gumbay Holdings Pty Ltd T/A Avante Linemarking, Safety Road Australia Pty Limited T/A Avante Linemarking Queensland

(AG2023/1647)

GUMBAY HOLDINGS & SAFETY ROAD AUSTRALIA MULTI-ENTERPRISE AGREEMENT 2023 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 27 JUNE 2023

Application for approval of the Gumbay Holdings & Safety Road Australia Multi-Enterprise Agreement 2023 - 2026.

Gumbay Holdings Pty Ltd T/A Avante Linemarking & Safety Road Australia Pty Limited T/A Avante Linemarking Queensland (the Employers) have made an application for the approval of the Gumbay Holdings & Safety Road Australia Multi-Enterprise Agreement 2023 – 2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 27 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve a multi-enterprise agreement between Gumbay Holdings and Safety Road Australia, both trading as Avante Linemarking. The applicants sought to have the agreement approved as a single multi-enterprise agreement, covering employees in multiple states, including Queensland and others. The primary issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient method of determining the wages and other conditions of employment, and whether it complied with the relevant provisions of the Act.

The Commission considered the structure and provisions of the proposed agreement, noting that it aimed to standardise conditions across multiple entities operating in the road marking industry. It examined whether the agreement adequately addressed the diverse needs of employees across different states and regions, while ensuring fairness and efficiency in determining employment terms. The Commission also evaluated the extent to which the agreement complied with the requirements for multi-enterprise agreements, including the necessity of covering a significant number of employees and the appropriateness of the proposed agreement structure. After careful consideration, the Commission found that the agreement met the statutory criteria and approved it as a multi-enterprise agreement.

The Fair Work Commission granted approval for the Gumbay Holdings & Safety Road Australia Multi-Enterprise Agreement 2023-2026. The decision recognised the benefits of the agreement in providing a consistent framework for employment conditions across multiple entities, while ensuring fair and efficient terms for employees. The approval was subject to certain conditions, including the requirement for the parties to notify the Commission of any changes to the agreement and to ensure compliance with the approved terms. This decision provided certainty and stability for the parties involved and their employees, facilitating the effective management of employment conditions in the road marking industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established