Austeire Plant Hire Pty Ltd

[2013] FWCA 4057

FAIR WORK COMMISSION

DECISION

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

Austeire Plant Hire Pty Ltd
(AG2013/6638)

AUSTEIRE PLANT HIRE PTY LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 25 JUNE 2013

Application for approval of the Austeire Plant Hire Pty Limited Employee Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Austeire Plant Hire Pty Limited Employee Collective Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Austeire Plant Hire (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 2 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

“ANNEXURE A”

CaseChat Overview and Summary

The matter in the Fair Work Commission involved Austeire Plant Hire Pty Ltd, which sought approval for the Employee Collective Agreement 2013 - 2017. The dispute centred around whether the proposed agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009. The Commission, acting within its jurisdiction, assessed the agreement's fairness and compliance with statutory requirements.

The central legal issues before the Commission were whether the terms of the collective agreement met the "better off overall test" under the Fair Work Act, and if the agreement contained any provisions that could be deemed unfair or unlawful. Furthermore, the Commission had to determine if the agreement appropriately covered the necessary minimum terms and conditions, as mandated by the Fair Work Act.

In its decision, the Commission found that the agreement largely met the statutory requirements. The Commission concluded that the proposed terms were fair and met the better off overall test, ensuring that the employees were not disadvantaged by the agreement. The Commission also noted that all minimum terms and conditions were appropriately addressed. Consequently, the application for approval of the collective agreement was granted, subject to the conditions outlined in the decision.

The Fair Work Commission approved the Employee Collective Agreement 2013 - 2017, with the conditions that any future amendments must be submitted to the Commission for re-assessment to ensure continued compliance with the Fair Work Act. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement was fair and lawful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established