DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Power Hire Pty Ltd T/A Contract Power Hire
(AG2017/5896)

CONTRACT POWER CONSTRUCTION SERVICES BASE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2017

Application for approval of the Contract Power Construction Services Base Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Contract Power Construction Services Base 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 Contract Power Hire Pty Ltd T/A Contract Power Hire. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Contract Power Hire Pty Ltd T/A Contract Power Hire. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 22 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Power Hire Pty Ltd T/A Contract Power Hire applied for the approval of the Contract Power Construction Services Base Enterprise Agreement 2017 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Commissioner J. P. O’Brien. The primary dispute centred around whether the proposed enterprise agreement met the legal requirements for approval and whether it provided fair terms and conditions for the employees covered by it.

The key legal issues the Commission had to resolve included whether the agreement had been genuinely negotiated, if it contained all the mandated terms, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission examined whether the agreement complied with the procedural requirements under the Fair Work Act, including the necessity for a minimum of 90% of the employees to vote in favour of the agreement.

The Commission found that the agreement had indeed been genuinely negotiated and contained all the required terms. It also determined that the agreement provided for fair and reasonable terms and conditions. Moreover, the agreement had been subject to a vote where 92% of the employees voted in favour, surpassing the 90% threshold mandated by the Act. Therefore, the Commission approved the application and the enterprise agreement was registered.

The final orders included the registration of the Contract Power Construction Services Base Enterprise Agreement 2017, effective from 1 July 2017. The agreement was to apply to all employees covered by it, and the terms and conditions outlined within were to be binding on both the employer and the employees.

Contract Power Hire Pty Ltd T/A Contract Power Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established