Platinum Plant & Equipment Hire Pty Ltd Summary

[2013] FWCA 7156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Plant & Equipment Hire Pty Ltd
(AG2013/8652)

PLATINUM PLANT & EQUIPMENT HIRE ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the Platinum Plant & Equipment Hire Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Plant & Equipment Hire Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case before the Fair Work Commission, Platinum Plant & Equipment Hire Pty Ltd applied for the approval of the Platinum Plant & Equipment Hire Enterprise Agreement 2013-2017. The applicant, being the employer, sought to have the agreement approved, which it had negotiated with the Australian Manufacturing Workers' Union (AMWU), acting as the representative for the employees. The AMWU did not oppose the application, though it did provide submissions in relation to certain aspects of the agreement.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" and if it contained all the mandatory terms prescribed by the Act. Additionally, the Commission needed to assess if the agreement was made in good faith and if the necessary procedural requirements were satisfied.

In its decision, the Commission found that the agreement did indeed meet all the statutory requirements. The "better off overall test" was satisfied, as the agreement provided employees with improved terms and conditions compared to their previous entitlements. The Commission also confirmed that the agreement contained all mandatory terms and was made in good faith. The procedural requirements were met, with the Commission satisfied that there was adequate consultation and negotiation between the parties. Consequently, the Commission approved the Platinum Plant & Equipment Hire Enterprise Agreement 2013-2017.

The Commission approved the agreement, effective from 1 January 2014 and continuing until 31 December 2017, subject to the terms and conditions specified within the agreement. The approval was granted on the basis that the agreement complied with the requirements of the Fair Work Act 2009.

Platinum Plant & Equipment Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established