[2015] FWCA 4867

The attached document replaces the document previously issued with the above code on 17 July 2015.

The name of the employer has been corrected.

Laura Fitzpatrick

Associate to Senior Deputy President Richards

Dated 17 July 2015

[2015] FWCA 4867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gumdale Plant Hire Pty Ltd
(AG2015/3276)

GUMDALE PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 JULY 2015

Application for approval of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 July 2015 by Gumdale Plant Hire Pty Ltd for the approval of a single-enterprise agreement known as the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] On 17 July 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gumdale Plant Hire Pty Ltd applied for approval of their Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The application centred on various clauses within the agreement, including those concerning employee entitlements, work hours, and dispute resolution mechanisms.

The Commission examined the fairness of the agreement's provisions and whether they met the requirements for 'simple' or 'complex' agreements under the Act. It was necessary to determine if the agreement provided for adequate employee protections, including minimum rates of pay, leave entitlements, and the right to seek fair work orders. The Commission also considered whether the agreement adequately addressed the needs of both employers and employees.

After thorough analysis, the Fair Work Commission found that the agreement was compliant with the statutory requirements and met the standards of procedural and substantive fairness. The agreement was deemed to provide appropriate protections for employees, including adequate minimum entitlements and a fair dispute resolution process. Consequently, the Commission approved the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015, effective from the date of the decision.

Gumdale Plant Hire 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