DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gumbay Holdings Pty Ltd T/A Avante Linemarking
(AG2018/420)

AVANTE LINEMARKING MULTI-ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JUNE 2018

Application for approval of the Avante Linemarking Multi-Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Avante Linemarking Multi-Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gumbay Holdings Pty Ltd T/A Avante Linemarking. The agreement is a multi-enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 1 June 2018 and, in accordance with s.54, will operate from 8 June 2018. The nominal expiry date of the Agreement is 1 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gumbay Holdings Pty Ltd, trading as Avante Linemarking, applied to the Fair Work Commission for the approval of the Avante Linemarking Multi-Enterprise Agreement 2018. The application was opposed by the Transport Workers Union of Australia and the Independent Education Union of Australia. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for multi-enterprise agreements and whether it provided fair terms and conditions for the employees covered by the agreement.

The court had to determine whether the agreement was appropriately certified as a multi-enterprise agreement, which required it to consider whether the agreement met the criteria for multi-enterprise agreements as outlined in the Fair Work Act. This included assessing whether the agreement had been certified by an independent person, whether it covered employees across multiple enterprises, and whether it addressed the terms and conditions of employment fairly. The court also needed to examine whether the agreement provided adequate protections for employees and whether it complied with any relevant industrial laws and regulations.

The Fair Work Commission found that the Avante Linemarking Multi-Enterprise Agreement 2018 was appropriately certified and met the statutory criteria for a multi-enterprise agreement. The court concluded that the agreement was fair and reasonable, taking into account the interests of both employers and employees. It found that the agreement provided adequate protections and terms for the employees covered by it, and that it complied with the relevant industrial laws. Consequently, the court approved the agreement, allowing it to come into effect as a legally binding document for the parties involved.

The final orders of the court included the approval of the Avante Linemarking Multi-Enterprise Agreement 2018, subject to the terms and conditions outlined in the agreement itself. The court's decision provided clarity and legal certainty for both employers and employees, ensuring that the agreement would be enforceable under the Fair Work Act.

Gumbay Holdings Pty Ltd T/A Avante Linemarking

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established