All-Over Plant Hire Pty Ltd T/A All-Over Plant Hire Summary

[2013] FWCA 2200

FAIR WORK COMMISSION

DECISION

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

All-Over Plant Hire Pty Ltd T/A All-Over Plant Hire
(AG2013/613)

ALL-OVER PLANT HIRE 2013 EBA

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the All-Over Plant Hire 2013 EBA.

[1] An application has been made for approval of an enterprise agreement known as the All-Over Plant Hire 2013 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by All-Over Plant Hire Pty Ltd T/A All-Over Plant Hire. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 19 April 2013. The nominal expiry date of the agreement is 11 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the case of All-Over Plant Hire Pty Ltd T/A All-Over Plant Hire involved the applicant, All-Over Plant Hire Pty Ltd, seeking approval for its 2013 Enterprise Bargaining Agreement (EBA). The respondent, the Transport Workers Union of Australia, did not oppose the application. The primary dispute centred around the terms and conditions of employment as outlined in the proposed EBA.

The central legal issue the Commission had to address was whether the EBA met the necessary requirements under the Fair Work Act 2009 to be approved. This included ensuring that the agreement was not less favourable than the applicable awards or the applicable safety net and that it complied with other statutory conditions. Given that the respondent did not oppose the application, the Commission focused on whether the EBA met the statutory criteria for approval.

The Commission examined the EBA clause by clause, ensuring that it provided for terms and conditions of employment that were not less favourable than the relevant award or safety net. It assessed whether the agreement contained all the mandatory terms as required by the Act and whether it adhered to the procedural fairness principles. The Commission noted that the applicant had demonstrated that the EBA was not less favourable and complied with the statutory requirements. Consequently, the Commission approved the EBA.

The final orders confirmed the approval of the All-Over Plant Hire 2013 EBA, effective from the date of the Commission's decision. The EBA was to be registered and would apply to the employees covered by it, providing a framework for their employment terms and conditions.

All-Over Plant Hire Pty Ltd T/A All-Over Plant Hire

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established