3D Earthmoving 2017 Pty Ltd

The applicant, 3D Earthmoving 2017 Pty Ltd, sought approval for the 3D Earth Moving 2017 Mobile Plant Operators Enterprise Agreement 2017, which was to be applied to its employees who operate mobile plant in the earthmoving industry. The applicant argued that the agreement was necessary to address the particularities of the mobile plant operations within its business, which were not adequately covered by the existing industry-wide agreement. The dispute was heard by the Fair Work Commission (FWC).

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine whether the agreement was "better off overall" for the employees it covered, taking into account both the direct and indirect benefits and detriments of the agreement. The FWC also had to consider whether the agreement complied with the "genuine agreement" requirement, which meant that it had to be genuinely agreed upon by both the employer and the employees.

The FWC found that the proposed agreement was better off overall for the employees, as it included provisions for additional allowances, improved leave entitlements, and enhanced training opportunities, which were directly beneficial to the employees. The FWC also considered the indirect benefits, such as the potential for improved job security and career progression within the company. Furthermore, the FWC determined that the agreement met the genuine agreement requirement, as there was evidence of genuine consultation and negotiation between the applicant and the employees' representatives. The FWC concluded that the agreement was fair and reasonable, and therefore approved the application.

The FWC approved the 3D Earth Moving 2017 Mobile Plant Operators Enterprise Agreement 2017, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the employees covered by the agreement.