DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ezyquip Hire Pty Ltd
(AG2019/1092)

EZYQUIP HIRE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 AUGUST 2019

Application for approval of the Ezyquip Hire Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ezyquip Hire Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) 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 sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 12 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Ezyquip Hire Pty Ltd and its employees, who are members of the Transport Workers Union of Australia. The dispute pertains to the application for approval of the Ezyquip Hire Enterprise Agreement 2019. The matter was heard in the Fair Work Commission (FWC), presided over by Commissioner D.M. Harbison. The key legal issues before the Commission were whether the agreement met the statutory requirements for approval, including if it was made in good faith, and if it provided for minimum terms and conditions of employment.

The Commission assessed the evidence and submissions from both parties to determine if the agreement was made in good faith. It examined if the process followed was appropriate and if there was a genuine attempt to negotiate. The Commission also evaluated whether the agreement provided for the minimum terms and conditions as stipulated in the Fair Work Act 2009. The employer argued that the agreement was the result of extensive and genuine negotiations, while the union contended that the process was flawed and did not meet the statutory requirements.

After careful consideration, the Commission found that the agreement was made in good faith and was appropriately negotiated. The Commission determined that the agreement provided for the minimum terms and conditions, and therefore met the criteria for approval. Consequently, the Commission approved the Ezyquip Hire Enterprise Agreement 2019, which will now be applicable to the employees of Ezyquip Hire Pty Ltd. The approval is effective from the date of the Commission's decision and will remain in force until it is superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

Ezyquip Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established