DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Porter Excavations Pty. Ltd. T/A Porter Plant
(AG2018/6540)

PORTER EXCAVATIONS PTY. LTD. (WET HIRE) EMPLOYEE COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2019

Application for approval of the Porter Excavations Pty. Ltd. (Wet Hire) Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Porter Excavations Pty. Ltd. (Wet Hire) Employee Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Porter Excavations Pty. Ltd. T/A Porter Plant. The Agreement is a single enterprise agreement.

[2] The Employer 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 May 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Porter Excavations Pty. Ltd. trading as Porter Plant brought an application for the approval of a collective agreement that was entered into with employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was asked to determine if the agreement met the requirements of the Fair Work Act 2009. The application was contested by the union, who argued that certain provisions of the agreement were not appropriately negotiated.

The key legal issue before the Commission was whether the collective agreement had been appropriately negotiated in accordance with the requirements of the Fair Work Act. Specifically, the union argued that certain provisions of the agreement had not been the product of genuine negotiations, as defined by the Act. The Commission had to determine whether the agreement met the statutory criteria for approval, including whether it had been negotiated in good faith and whether it contained the necessary provisions to ensure fair and reasonable terms and conditions of employment.

In determining the application, the Commission considered the evidence provided by both parties and examined the provisions of the agreement in question. The Commission found that, while there were some procedural issues with the negotiation process, the overall agreement had been negotiated in good faith and met the requirements of the Act. The Commission approved the collective agreement, noting that it contained provisions that were fair and reasonable, and that it provided for the proper management of the workplace.

The Commission ordered that the Porter Excavations Pty. Ltd. (Wet Hire) Employee Collective Agreement 2018 be approved as a registered agreement under the Fair Work Act. The union's objections were dismissed, and the agreement was registered, effective from the date of the Commission's decision.

Porter Excavations Pty. Ltd. T/A Porter Plant

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established