D & M Plant Hire Pty Ltd Summary

[2013] FWCA 68

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

D & M Plant Hire Pty Ltd
(AG2012/13062)

D & M PLANT HIRE PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 FEBRUARY 2013

Application for approval of the D & M Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 December 2012 by D & M Plant Hire Pty Ltd for the approval of a single-enterprise agreement known as the D & M Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012 (“the Agreement”).

[2] On 4 February 2013, the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, D & M Plant Hire Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents, who were employees of the applicant, contested the application on various grounds. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act, specifically whether it facilitated, promoted, or improved the terms and conditions of employment, and whether it contained mandatory terms that were not contrary to public policy. The Commission had to examine the provisions of the agreement, the bargaining process, and the impact of the agreement on the employees' terms and conditions.

The Fair Work Commission found that the agreement did meet the criteria for approval. The agreement was the result of genuine and good faith bargaining between the parties and included terms and conditions that facilitated, promoted, or improved the terms and conditions of employment. The Commission also found that the mandatory terms were not contrary to public policy. The Commission noted that the agreement provided for the protection of employees' rights and addressed various aspects of employment, such as pay rates, leave entitlements, and working conditions. The Commission concluded that the agreement would result in better outcomes for the employees, despite the objections raised by the respondents.

Consequently, the Fair Work Commission approved the D & M Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012. The agreement was registered, and its terms and conditions became legally binding on the applicant and the employees. The Commission's decision was based on the merits of the agreement and the evidence presented during the hearing. The respondents' objections were not sufficient to prevent the approval of the agreement. The final orders of the Commission mandated the registration of the agreement and its enforcement in accordance with the Fair Work Act.

D & M 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