DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hire Access Pty Ltd T/A Hire Access Pty Ltd
(AG2019/4072)

HIRE ACCESS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 2 DECEMBER 2019

Application for approval of the Hire Access Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hire Access 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 Hire Access Pty Ltd T/A Hire Access Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2019. The nominal expiry date of the Agreement is 1 December 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hire Access Pty Ltd T/A Hire Access Pty Ltd applied to the Fair Work Commission for the approval of the Hire Access Enterprise Agreement 2019. The application was brought before Commissioner F Miller. The dispute centred around the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions for employees within the hire access industry. The primary legal issues the court needed to determine involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the procedural requirements, whether it was in the best interests of the employees, and if it complied with the provisions of the Fair Work Act.

The court meticulously examined the process by which the agreement was negotiated and whether it was made genuinely and without duress. It also evaluated if the agreement provided fair and reasonable terms for the employees, including their wages, working conditions, and other employment benefits. Furthermore, the court considered the public interest and whether the agreement would have a detrimental effect on the broader economy or industrial relations system. After a comprehensive review of the evidence and submissions from both parties, the court concluded that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Hire Access Enterprise Agreement 2019, finding that it had been negotiated in good faith, was in the best interests of the employees, and complied with the Fair Work Act. The decision was based on the thorough examination of the procedural fairness, the substantive fairness of the terms, and the broader implications of the agreement. The final orders of the court mandated the enforcement of the approved agreement as a binding enterprise agreement between the employer and the employees, effective from the specified commencement date.

Hire Access Pty Ltd T/A Hire Access 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