DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plant Hire Direct Pty Ltd
(AG2017/1359)

PHD GROUP ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 JUNE 2017

Application for approval of the PHD Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PHD Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plant Hire Direct Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Plant Hire Direct Pty Ltd, the Fair Work Commission was presented with an application for the approval of the PHD Group Enterprise Agreement 2017. The dispute arose between Plant Hire Direct Pty Ltd and their employees represented by the Transport Workers Union of Australia. The primary focus of the application was the terms and conditions outlined in the proposed agreement, including matters such as wages, working hours, leave provisions, and other employment-related entitlements.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net of minimum entitlements, did not adversely affect employees' existing conditions, and allowed for genuine bargaining between the parties. Additionally, the Commission examined whether the agreement was free from any illegality or unfairness.

In delivering its decision, the Commission carefully reviewed the provisions of the proposed agreement against the legislative framework. The Commission found that the agreement contained provisions that met the statutory requirements, including a comprehensive set of minimum terms and conditions that were not less favourable than the applicable awards or the general safety net. The Commission also noted that the agreement was the result of genuine negotiations between the parties and did not contain any illegal or unfair terms. Consequently, the Commission approved the PHD Group Enterprise Agreement 2017, recognising it as a lawful and fair agreement that appropriately balances the interests of both the employer and the employees.

Plant Hire Direct 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