DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Project Hire Pty Ltd
(AG2019/434)

PROJECT HIRE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2019

Application for approval of the Project Hire Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Project Hire Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Project Hire Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Project Hire Pty Ltd for the approval of the Project Hire Pty Ltd Enterprise Agreement 2019. The primary parties involved were Project Hire Pty Ltd, the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the respondent. The dispute centred on the terms of the proposed enterprise agreement, which was intended to regulate the employment conditions of certain employees within the applicant's business.

The legal issues that required resolution included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness, genuine bargaining, and minimum entitlements. The respondent contested the validity of the agreement, arguing that it did not fairly and accurately reflect the terms of genuine bargaining between the parties and that it failed to provide minimum entitlements as required by law. The applicant, on the other hand, asserted that the agreement was the product of genuine negotiations and complied with all statutory obligations.

In assessing the application, the Commission examined the evidence presented regarding the bargaining process and the terms of the agreement. It was determined that the bargaining process was procedurally fair, and the agreement was genuinely negotiated between the parties. The Commission also found that the agreement satisfied the requirements for minimum entitlements. Consequently, the Fair Work Commission approved the Project Hire Pty Ltd Enterprise Agreement 2019, finding it to be compliant with the statutory requirements. The Commission's decision was based on the evidence demonstrating that the agreement was the product of genuine bargaining and met all necessary legal standards.

Project Hire 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