DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gumdale Demolitions Queensland Pty Ltd
(AG2019/3404)

GUMDALE DEMOLITIONS QUEENSLAND PTY LTD AND GUMDALE CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Gumdale Demolitions Queensland Pty Ltd and Gumdale Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gumdale Demolitions Queensland Pty Ltd and Gumdale Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gumdale Demolitions Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is 5 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was presented with an application for the approval of the Gumdale Demolitions Queensland Pty Ltd and Gumdale Civil Pty Ltd Enterprise Agreement 2019. The application was made by the employer, Gumdale Demolitions Queensland Pty Ltd, seeking the Commission's endorsement of the agreement. The agreement in question was intended to regulate the employment terms and conditions for employees of both Gumdale Demolitions Queensland Pty Ltd and Gumdale Civil Pty Ltd.

The primary legal issue that the Commission needed to address was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a simple, low-risk, good faith agreement and if it was made in accordance with the statutory process. The Commission also had to consider if the agreement complied with the good faith bargaining requirements and if it provided for the employees' terms and conditions of employment.

After thorough examination of the evidence and arguments presented, the Commission concluded that the agreement was indeed made in good faith and complied with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement met the criteria for a simple, low-risk agreement and that it had been negotiated in good faith. The Commission also found that the agreement provided for the employees' terms and conditions of employment and was made in accordance with the statutory process. As a result, the Commission approved the Gumdale Demolitions Queensland Pty Ltd and Gumdale Civil Pty Ltd Enterprise Agreement 2019.

Following the approval, the Fair Work Commission made an order approving the enterprise agreement as a certified agreement under section 172 of the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the employer and the employees involved.

Gumdale Demolitions Queensland 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