Adept Plant Hire Pty Ltd T/A Adept Plant Hire Pty Ltd

[2024] FWCA 2554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adept Plant Hire Pty Ltd T/A Adept Plant Hire Pty Ltd

(AG2024/2302)

ADEPT PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JULY 2024

Application for approval of the Adept Plant Hire Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Adept Plant Hire Pty Ltd Enterprise Agreement 2024 (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 T/A Adept Plant Hire Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 30 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Adept Plant Hire Pty Ltd T/A Adept Plant Hire Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement. The applicant, Adept Plant Hire Pty Ltd, sought the approval of the Enterprise Agreement 2024, which was negotiated with the relevant employee representatives. The primary nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement, ensuring that it complied with the relevant industrial laws and standards.

The legal issues the court needed to address included whether the agreement was fairly negotiated, if it complied with the Fair Work Act 2009, and whether it adhered to the criteria for being a single-enterprise agreement. The court also considered if the agreement appropriately balanced the interests of both employers and employees, ensuring it was not contrary to public policy. The focus was on ensuring that the agreement was procedurally fair and substantively reasonable.

The Fair Work Commission found that the agreement was fairly negotiated, met all legal requirements, and was not contrary to public policy. The commission determined that the agreement was procedurally fair, with evidence of genuine negotiation between the parties. Furthermore, it was substantively reasonable, providing adequate protections and benefits for employees while also considering the operational needs of the employer. The commission concluded that the agreement met all the necessary criteria for approval.

The final orders of the commission were to approve the Adept Plant Hire Pty Ltd Enterprise Agreement 2024, allowing it to be registered and enforceable under the Fair Work Act. This decision ensures that the terms of the agreement can now be implemented, providing a framework for the employment relationship between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established