DMR Plant Hire Pty Ltd Summary

[2013] FWCA 64

FAIR WORK COMMISSION

DECISION

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

DMR Plant Hire Pty Ltd
(AG2012/13065)

DMR 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 DMR 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 DMR Plant Hire Pty Ltd for the approval of a single-enterprise agreement known as the DMR 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DMR Plant Hire Pty Ltd, who applied for the approval of the DMR Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012. This application was heard by the Fair Work Commission, which is responsible for regulating workplace relations in Australia.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and was made in good faith. The applicant needed to demonstrate that the agreement had been properly negotiated and that it complied with the relevant provisions of the Act.

The Commission found that the agreement satisfied all the necessary criteria. It noted that the agreement had been negotiated in good faith and that there was no evidence of any unfair practices during the negotiation process. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees and that it complied with all relevant provisions of the Act. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the DMR Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012, confirming its compliance with the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable in the workplace.

DMR 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