DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bachmann Plant Hire Pty Ltd
(AG2018/3350)

BACHMANN PLANT HIRE MAINTENANCE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Bachmann Plant Hire Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bachmann Plant Hire Maintenance Enterprise Agreement 2018 (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 Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 21 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Bachmann Plant Hire Pty Ltd, the Fair Work Commission was tasked with approving the Maintenance Enterprise Agreement 2018. The agreement was proposed by the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement sought to regulate various aspects of employment, including wages, conditions of work, and dispute resolution mechanisms. The dispute arose from objections to certain clauses in the proposed agreement, which were raised by a third party not directly involved in the negotiation process.

The primary legal issues the Commission had to address involved the fairness and compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission examined whether the agreement provided for adequate terms and conditions of employment, if it met the 'better off overall test', and if it was free from any discriminatory provisions. The Commission also considered whether the agreement adhered to the principles of good faith bargaining and whether it was consistent with the existing industrial instruments and relevant awards.

After thorough consideration, the Fair Work Commission determined that the Maintenance Enterprise Agreement 2018 was fair and compliant with the Act. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions, including provisions for wages and other employment benefits. The Commission concluded that the agreement met the better off overall test, ensuring that employees were not worse off than under the existing awards. Additionally, the Commission found no evidence of discrimination or unfair practices in the agreement. The Commission also noted that the bargaining process adhered to the principles of good faith, and the agreement did not conflict with any existing industrial instruments or awards.

Consequently, the Fair Work Commission approved the Maintenance Enterprise Agreement 2018, and it came into effect as of the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions for the employees of Bachmann Plant Hire Pty Ltd, subject to the provisions of the Fair Work Act and any other relevant legislation.

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