DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DPW Plant Hire Pty Ltd T/A DPW Plant Hire
(AG2019/970)

DPW PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 27 JUNE 2019

Application for approval of the DPW Plant Hire Pty. Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the DPW Plant Hire Pty. Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DPW Plant Hire Pty Ltd T/A DPW Plant Hire. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement lodged contained a typographical error at TableC. On 14 June 2019 the applicant filed an amended page 26 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 26 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DPW Plant Hire Pty Ltd, trading as DPW Plant Hire, sought approval for the DPW Plant Hire Pty Ltd Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which is the federal workplace relations tribunal in Australia. The applicant sought to have the agreement, which had been negotiated between the company and its employees, formally approved and registered. This process is necessary for the agreement to have legal effect and to be enforceable under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained all the mandated terms and conditions, was free from prohibited content, and was made in good faith. The applicant argued that the agreement was negotiated in good faith and contained all the necessary terms and conditions, while any objections raised by the respondents were either unfounded or could be resolved through minor amendments.

In considering the application, the Fair Work Commission examined the negotiation process, the content of the agreement, and the submissions made by both parties. The Commission found that while the negotiation process was generally satisfactory, there were some procedural irregularities that needed to be addressed. Despite these issues, the Commission was satisfied that the agreement was made in good faith and contained all the necessary mandated terms and conditions. The Commission also found that the minor objections raised by the respondents could be resolved through minor amendments to the agreement.

Consequently, the Fair Work Commission approved the DPW Plant Hire Pty Ltd Enterprise Agreement 2019, subject to the agreed amendments. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and contain all mandated terms and conditions, while also highlighting the Commission's willingness to resolve minor issues through amendments.

DPW Plant Hire Pty Ltd T/A DPW Plant Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established