DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Hire Services Pty Ltd T/A All Hire Services
(AG2018/4696)

ALL HIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 APRIL 2019

Application for approval of the All Hire Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the All Hire Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Hire Services Pty Ltd T/A All Hire Services. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, All Hire Services Pty Ltd trading as All Hire Services, sought approval of its Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with the respondent being the Transport Workers Union of Australia. The dispute centred around the terms of the enterprise agreement, particularly those relating to wages and conditions for employees within the transport industry.

The primary legal issue was whether the terms of the agreement complied with the Fair Work Act 2009 and whether it met the "better off overall test". The court had to assess if the agreement provided employees with outcomes that were at least as good as their previous conditions or awards, and whether it adhered to the requirements for procedural fairness in its formation.

The Fair Work Commission found that the enterprise agreement was procedurally sound and met the "better off overall test". The Commission highlighted that the agreement provided employees with increased wages and improved working conditions. It also found that the agreement was made in good faith and was not contrary to public policy. Consequently, the Commission approved the enterprise agreement, confirming its compliance with all relevant legal standards.

No further orders were made beyond the approval of the enterprise agreement. The decision was based on the comprehensive evidence presented, which demonstrated that the agreement was beneficial to the employees and aligned with statutory requirements.

All Hire Services Pty Ltd T/A All Hire Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established