DPW Plant Hire Pty Ltd Summary

[2014] FWCA 4200

FAIR WORK COMMISSION

DECISION

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

DPW Plant Hire Pty Ltd
(AG2014/1211)

DPW PLANT HIRE PTY. LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 JUNE 2014

Application for approval of the DPW Plant Hire Pty. Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DPW Plant Hire Pty. Ltd Enterprise Agreement 2014 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 19 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involves DPW Plant Hire Pty Ltd, which applied for the approval of the DPW Plant Hire Pty. Ltd Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The legal issues that the Commission had to decide included whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act.

The Commission examined the evidence and submissions from both parties to determine if the agreement was fairly negotiated and contained the necessary minimum terms. The applicant argued that the agreement was made in good faith and included all the required minimum terms, while the respondent contended that certain terms were unfair and not negotiated in good faith. After careful consideration of the submissions and evidence, the Commission found that the agreement was made in good faith and contained all the necessary minimum terms. Consequently, the application for approval of the enterprise agreement was approved.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. The applicant had demonstrated that the agreement was made in good faith and included all the necessary minimum terms and conditions. The respondent's objections were not upheld, and the application for approval was successful. The Fair Work Commission approved the DPW Plant Hire Pty. Ltd Enterprise Agreement 2014, and it was registered under the Act. This decision ensures that the employees of DPW Plant Hire Pty Ltd have a fair and effective enterprise agreement that provides them with the necessary protections and benefits.

DPW 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