One Hire and Excavation Pty Ltd Summary

[2013] FWCA 2815

FAIR WORK COMMISSION

DECISION

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

One Hire and Excavation Pty Ltd
(AG2012/12031)

ONE HIRE AND EXCAVATION PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 MAY 2013

Application for approval of the One Hire and Excavation Pty Ltd Enterprise Agreement .

[1] An application has been made for approval of an enterprise agreement known as the One Hire and Excavation Pty Ltd Enterprise Agreement (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by One Hire and Excavation 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. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[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 15 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT “ A”

CaseChat Overview and Summary

One Hire and Excavation Pty Ltd was the subject of an application before the Fair Work Commission for the approval of an enterprise agreement. The applicant, One Hire and Excavation Pty Ltd, sought to establish terms and conditions of employment for its employees, which would be governed by this agreement. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was necessary to facilitate the company’s operations and to provide fair terms for employees, while opposing parties contested various provisions of the agreement.

The primary legal issues before the Commission were whether the agreement provided for the employees’ pay and conditions fairly, and whether it complied with the formal requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement included all mandatory terms, whether it provided for lawful and reasonable terms, and whether it met the procedural requirements for approval. The Commission also needed to evaluate whether the agreement provided adequate protection for employees’ rights and interests, particularly in light of any potential detriment to employees if the agreement were to be approved.

After thorough consideration of the arguments and evidence presented, the Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the mandatory provisions of the Fair Work Act. The Commission also found that the agreement had been made in good faith and that it did not result in any significant detriment to the employees. Consequently, the Commission approved the enterprise agreement, enabling it to be implemented as the governing document for the employment conditions of the company’s employees.

One Hire and Excavation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established