Austeire Plant Hire Pty Ltd Summary

[2022] FWCA 1143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austeire Plant Hire Pty Ltd

(AG2022/899)

Austeire Plant Hire Pty Limited Employee Collective Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 MARCH 2022

Application for approval of the Austeire Plant Hire Pty Limited Employee Collective Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Austeire Plant Hire Pty Limited Employee Collective Agreement 2022 (Agreement). The application was made by Austeire Plant Hire Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b) of the Act.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2022. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Austeire Plant Hire Pty Ltd for approval of the Austeire Plant Hire Pty Limited Employee Collective Agreement 2022. The applicant sought approval of the enterprise agreement under section 185 of the Fair Work Act 2009. The Agreement was intended to cover the Building, Metal and Civil Construction industries. The Commission was required to determine whether the Agreement met the statutory criteria for approval under the Act.

The primary legal issue was whether the Agreement fulfilled all the necessary requirements under sections 186, 187, and 188 of the Fair Work Act, including whether it complied with the provisions for the application process. Additionally, the Commission had to consider whether any procedural irregularities could be waived under section 586(b) of the Act. The initial application included a signature page that did not fully comply with Regulation 2.06A of the Fair Work Regulations 2009, but an amended signature page was subsequently provided.

The Commission concluded that the application for approval met all the necessary requirements for approval of the Agreement. The procedural irregularity with the signature page was deemed to be minor and appropriate to waive under section 586(b) of the Act. The Commissioner was satisfied that the Agreement was fair and reasonable and would operate from 7 April 2022, with a nominal expiry date of 31 March 2026.

The Fair Work Commission approved the Austeire Plant Hire Pty Limited Employee Collective Agreement 2022. The Agreement will take effect from 7 April 2022 and will remain in force until 31 March 2026, in accordance with section 54 of the Fair Work Act.

Austeire Plant Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established