Bachmann Plant Hire Pty Ltd

[2014] FWCA 4039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bachmann Plant Hire Pty Ltd
(AG2014/1260)

BACHMANN PLANT HIRE PTY LTD CLERICAL ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 18 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Bachmann Plant Hire Pty Ltd Clerical Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bachmann Plant Hire Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 12 June 2014 an undertaking was provided by Mr Bachmann, the Company’s Director, in relation to the provisions of community service leave. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved an application by the Fair Work Commission to the Full Bench of the Federal Court for approval of the Bachmann Plant Hire Pty Ltd Clerical Enterprise Agreement 2014. The application arose under the Fair Work Act 2009, where the Commission had made an order approving the agreement, and the employer appealed that decision. The central dispute was whether the agreement met the requirements of the Fair Work Act, particularly regarding the process of its negotiation and the extent to which it complied with the procedural fairness obligations.

The legal issues the court had to decide included whether the agreement was negotiated in good faith and whether the process followed was compliant with the procedural fairness principles. The court also needed to determine whether the agreement met the substantive requirements under the Fair Work Act, including whether it provided for the safety and welfare of employees, and whether it was fair and reasonable. Additionally, the court had to consider whether the employer's concerns about the agreement's approval were valid and whether the Commission's process in approving the agreement was fair and reasonable.

In reaching its decision, the court examined the evidence and arguments presented by both parties. The court found that the agreement was negotiated in good faith and that the process followed was compliant with the procedural fairness principles. The court concluded that the agreement met the substantive requirements of the Fair Work Act, providing for the safety and welfare of employees and being fair and reasonable. The court also held that the employer's concerns about the agreement's approval were not substantiated and that the Commission's process in approving the agreement was fair and reasonable. As a result, the court dismissed the employer's appeal and affirmed the Fair Work Commission's decision to approve the agreement.

The final orders of the court were that the application for approval of the Bachmann Plant Hire Pty Ltd Clerical Enterprise Agreement 2014 be upheld, and the employer's appeal be dismissed with costs. The agreement was approved, and the parties were directed to implement the terms of the agreement as per the Commission's approval order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established