Fogarty Plant Hire Pty Ltd

[2013] FWCA 1921

FAIR WORK COMMISSION

DECISION

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

Fogarty Plant Hire Pty Ltd
(AG2013/672)

FOGARTY PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 APRIL 2013

Application for approval of the Fogarty Plant Hire Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Fogarty Plant Hire Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Fogarty Plant Hire Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] 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 is 9 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Fogarty Plant Hire Pty Ltd applied to the Fair Work Commission for approval of the Fogarty Plant Hire Pty Ltd Enterprise Agreement 2013-2016. The applicants, the respondent, and other employers in the industry had reached an agreement on pay and conditions for employees. The Fair Work Commission must approve the agreement before it can be enforced as a legally binding contract. The applicant argued that the agreement was appropriate for approval, while the respondent contended that the agreement should not be approved because it did not meet the requirements of the Fair Work Act 2009.

The Fair Work Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for pay and conditions that were no worse than the relevant award or safety net award, and whether the agreement had been negotiated in good faith. The Commission also had to consider whether the agreement provided for adequate protections for employees, such as provisions for dispute resolution and protection against adverse action.

The Fair Work Commission found that the agreement met the requirements for approval. The Commission noted that the agreement provided for pay and conditions that were no worse than the relevant award or safety net award, and that the agreement had been negotiated in good faith. The Commission also found that the agreement provided for adequate protections for employees, including provisions for dispute resolution and protection against adverse action. The Commission therefore approved the agreement, subject to certain modifications to ensure that it complied with the Fair Work Act.

The Fair Work Commission approved the Fogarty Plant Hire Pty Ltd Enterprise Agreement 2013-2016, subject to certain modifications. The modifications included changes to the agreement's provisions on leave entitlements, shift allowances, and penalty rates. The Commission found that these modifications were necessary to ensure that the agreement complied with the Fair Work Act and provided adequate protections for employees. The applicant and respondent were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established