DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plasser Australia Pty Ltd
(AG2015/3870)

PLASSER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 31 JULY 2015

Application for approval of the Plasser Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Plasser Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Plasser Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 27 July 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 August 2015. The nominal expiry date of the Agreement is 10 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Plasser Australia Pty Ltd for approval of the Enterprise Agreement 2015. The applicant is an engineering company, and the respondents are the employees who are members of the Rail, Tram and Bus Industry Union. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for terms and conditions that were no less favourable than the applicable safety net and whether the agreement had been made in good faith and by genuine agreement. The Commission also had to consider whether the agreement contained the necessary matters, such as minimum rates of pay, classification of employees, and provisions for redundancy. Furthermore, the Commission needed to assess if the agreement was free from any invalid provisions.

In delivering its decision, the Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission concluded that the proposed terms and conditions were no less favourable than the applicable safety net and were made in good faith. The agreement was found to cover all the necessary matters and was free from any invalid provisions. The Commission approved the Enterprise Agreement 2015, highlighting the importance of fair and reasonable terms and conditions of employment for both the employer and the employees.

Plasser Australia 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