Bachmann Plant Hire Pty Ltd Summary

[2014] FWCA 7142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bachmann Plant Hire Pty Ltd
(AG2014/7366)

BACHMANN PLANT HIRE PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 OCTOBER 2014

Application for approval of the Bachmann Plant Hire Pty Ltd Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the of Bachmann Plant Hire Pty Ltd Workshop Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Bachmann Plant Hire Pty Ltd applied to the Fair Work Commission for approval of the Bachmann Plant Hire Pty Ltd Workshop Enterprise Agreement 2014. The application was opposed by the Transport Workers Union of Australia, the union representing the employees. The nature of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a modern award or a mixture of modern award and agreement terms, and whether the agreement contained the required minimum terms. The Commission needed to determine whether the agreement provided for a minimum rate of pay, maximum weekly hours, and adequate provisions for leave, termination, and redundancy. The Commission also needed to consider whether the agreement was free from prohibited content, such as clauses that would undermine the operation of the Fair Work Act.

The Commission found that the agreement provided for a mixture of modern award and agreement terms, but that this was permissible under the Fair Work Act. The Commission also found that the agreement provided for the required minimum terms, including a minimum rate of pay, maximum weekly hours, and provisions for leave, termination, and redundancy. The Commission concluded that the agreement was free from prohibited content, and approved the agreement. The union's opposition to the agreement was dismissed.

Bachmann 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