Pink Plant Hire and Haulage Pty Ltd

[2014] FWCA 8596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pink Plant Hire and Haulage Pty Ltd
(AG2014/8019)

PINK PLANT HIRE AND HAULAGE PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 DECEMBER 2014

Application for approval of the Pink Plant Hire and Haulage Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pink Plant Hire and Haulage Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pink Plant Hire and Haulage Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 28 November 2014 undertakings were provided by Ms M Anderson, the Company’s HR & Admin Manager. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Pink Plant Hire and Haulage Pty Ltd, the applicant sought approval of the Pink Plant Hire and Haulage Pty Ltd Enterprise Agreement 2014. The case was heard in the Fair Work Commission, with the applicant represented by counsel and the respondent, a union, also appearing. The dispute centred on the terms and conditions of employment for the workers, particularly those related to hours of work, overtime, and penalty rates.

The legal issues before the Commission included whether the terms of the agreement were fair and reasonable, if they provided for minimum wages and conditions, and if they complied with relevant statutory provisions. A significant issue was the calculation of overtime and penalty rates, which the union argued were inadequately addressed in the agreement.

The Commission, after reviewing the evidence and submissions from both parties, determined that the agreement was fair and reasonable. It found that the terms provided for minimum wages and conditions and complied with statutory requirements. The Commission approved the Enterprise Agreement, noting that it balanced the interests of both the employer and the employees effectively.

No further orders were made by the Commission, and the decision was rendered in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established