DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adept Plant Hire Pty Ltd
(AG2016/8029)

ADEPT PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Adept Plant Hire Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Adept Plant Hire Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adept Plant Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a dispute between Adept Plant Hire Pty Ltd and the Australian Manufacturing Workers’ Union regarding the approval of the Enterprise Agreement 2016. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The legal issues at hand centred on whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it was free from any illegal or unfair content.

The Commission examined the evidence presented by both parties, focusing on the process of negotiation and the content of the agreement. It was crucial to establish that the agreement was the result of genuine bargaining between the employer and the union, and not imposed unilaterally. The FWC also assessed whether the agreement provided for minimum wages and conditions as required by the Act, and whether it contained any provisions that were contrary to public policy or unfair to employees.

After thorough consideration, the FWC found that the agreement had been genuinely negotiated and contained the necessary minimum terms. The Commission was satisfied that there were no illegal or unfair provisions within the agreement. Consequently, the FWC approved the Enterprise Agreement 2016, finding it to be compliant with the statutory requirements. The decision was made on the basis that the agreement met the necessary criteria for approval and would not result in any adverse outcomes for the employees or the public.

The Fair Work Commission approved the Adept Plant Hire Pty Ltd Enterprise Agreement 2016, confirming its compliance with the statutory requirements under the Fair Work Act 2009. This decision provides clarity for the parties involved and sets a precedent for similar agreements in the industry.

Adept 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