DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Plant & Equipment Hire Pty Ltd T/A Platinum Plant & Equipment Hire
(AG2016/2610)

PLATINUM PLANT & EQUIPMENT HIRE LOCATION SERVICES ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 MAY 2016

Application for approval of the Platinum Plant & Equipment Hire Location Services Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Plant & Equipment Hire Location Services Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Plant & Equipment Hire Pty Ltd T/A Platinum Plant & Equipment Hire. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will operate from 19 May 2016. The nominal expiry date of the Agreement is 6 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Platinum Plant & Equipment Hire Pty Ltd, trading as Platinum Plant & Equipment Hire, sought approval of the Platinum Plant & Equipment Hire Location Services Enterprise Agreement 2016-2020. The applicant argued that the agreement was fairly and properly negotiated and included necessary provisions to facilitate the management of the business. The employer's employees were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who opposed the application. The case was heard in the Fair Work Commission.

The legal issues before the Commission involved whether the agreement was genuinely negotiated, whether it included all required provisions, and whether it was in the best interests of the employees. The Commission had to determine if the agreement was fair and reasonable, and if it provided for the proper management of the business. Additionally, the Commission needed to consider whether the agreement complied with relevant legislative requirements.

The Commission found that the agreement was genuinely negotiated and contained all required provisions. The Commission considered the process of negotiation and the parties' conduct, concluding that the agreement was fair and reasonable. The Commission also found that the agreement provided for the proper management of the business and complied with relevant legislative requirements. The Commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Platinum Plant & Equipment Hire Location Services Enterprise Agreement 2016-2020. The Commission found that the agreement was genuinely negotiated and included all required provisions. The Commission considered the process of negotiation and the parties' conduct, concluding that the agreement was fair and reasonable. The Commission also found that the agreement provided for the proper management of the business and complied with relevant legislative requirements.

Platinum Plant & Equipment Hire Pty Ltd T/A Platinum Plant & Equipment Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established