DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cadence Plant Hire Pty Ltd
(AG2017/5784)

CADENCE PLANT HIRE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Cadence Plant Hire Enterprise Agreement.

[1] On 24 November 2017 Cadence Plant Hire Pty Ltd (Applicant) made an application for approval of the Cadence Plant Hire Enterprise Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 February 2018. The nominal expiry date of the Agreement is 11 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cadence Plant Hire Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by a number of unions. The central issue for the Commission was whether the agreement was in the best interests of the employees. Given the nature of the industry, the Commission needed to weigh the potential benefits of the agreement against any detriment to the employees.

The Commission considered various factors, including the nature of the industry, the current state of industrial relations, and the impact of the agreement on the employees. It examined the provisions of the agreement, including those relating to wages, conditions, and dispute resolution. The Commission also took into account the evidence and submissions from the unions and the employer. After careful consideration, the Commission found that the agreement was in the best interests of the employees.

The Commission approved the Cadence Plant Hire Enterprise Agreement, noting that it provided for fair and reasonable terms and conditions of employment. The Commission emphasised the importance of maintaining a cooperative and constructive industrial relations environment. The Commission also noted that the agreement provided for effective dispute resolution mechanisms.

The Fair Work Commission approves the Cadence Plant Hire Enterprise Agreement. The agreement is to be registered and will be in effect from the date of the Commission's decision.

Cadence 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