Excel Plant Hire Pty Ltd Summary

[2014] FWCA 3855

FAIR WORK COMMISSION

DECISION

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

Excel Plant Hire Pty Ltd
(AG2014/928)

EXCEL PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 JUNE 2014

Application for approval of the Excel Plant Hire Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Excel Plant Hire Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Excel 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 5 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Company 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 11 June 2018.

COMMISSIONER

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Undertaking

CaseChat Overview and Summary

Excel Plant Hire Pty Ltd recently applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement in question, the Excel Plant Hire Pty Ltd Enterprise Agreement 2014-2018, was made between the company and a group of its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application for approval was made under section 234 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement satisfied the requirements for approval under the Act and whether the process for making the agreement was compliant with the relevant provisions.

The Commission found that the agreement met the criteria for approval as it provided for terms and conditions of employment that were clear, concise, and free from ambiguity. The agreement included provisions on minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The Commission also found that the process for making the agreement was compliant with the Act, as the necessary good faith bargaining had taken place and the agreement had been put to a vote of the relevant employees. The Commission noted that the agreement had been approved by a majority of the employees who voted, indicating their acceptance of the terms.

Consequently, the Commission approved the Excel Plant Hire Pty Ltd Enterprise Agreement 2014-2018, finding that it met the requirements for approval under the Act. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the terms and conditions set out in the agreement will be binding on the parties from the date of approval until the agreement expires or is replaced by a new agreement.

Excel 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