DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bachmann Plant Hire Pty Ltd
(AG2017/6212)

BACHMANN PLANT HIRE PTY LTD PLANT ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 11 MAY 2018

Application for approval of the Bachmann Plant Hire Pty Ltd Plant Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bachmann Plant Hire Pty Ltd Plant Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bachmann Plant Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 18 May 2018. The nominal expiry date of the Agreement is 10 May 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers Union, sought approval of the Bachmann Plant Enterprise Agreement 2017 in the Fair Work Commission. The respondent, Bachmann Plant Hire Pty Ltd, opposed the application on the grounds that the agreement did not meet the "better off overall test". The dispute centred on whether the proposed terms and conditions in the agreement provided employees with a sufficient improvement over their existing entitlements to warrant approval. The Fair Work Commission was tasked with determining if the agreement met the statutory requirements and if it ensured that employees were no worse off, and preferably better off, overall.

The court examined the "better off overall test" by considering the financial and non-financial benefits provided by the agreement. The analysis included an assessment of wage increases, allowances, and other conditions of employment, juxtaposed against the existing terms. The court also took into account the broader context of the bargaining environment, the economic conditions, and the specific circumstances of the enterprise. The primary legal issue was whether the proposed changes in the agreement would result in a net improvement for the employees, thereby satisfying the requirements of the Fair Work Act.

After thorough consideration, the Fair Work Commission found that the Bachmann Plant Enterprise Agreement 2017 did meet the better off overall test. The agreement provided employees with a range of improvements, including increased wages and enhanced working conditions, which outweighed any potential disadvantages. The Commission concluded that the proposed terms would result in a net benefit for the employees, thereby satisfying the statutory requirements. As a result, the Commission approved the application for the agreement's registration.

Bachmann Plant Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established