Project Hire Pty Ltd As Trustee For The Project Hire Unit Trust T/A Project Hire PL Summary

[2024] FWCA 2993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Project Hire Pty Ltd As Trustee For The Project Hire Unit Trust T/A Project Hire PL

(AG2024/2809)

PROJECT HIRE PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 14 AUGUST 2024

Project Hire Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Project Hire Pty Ltd Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved today 14 August 2024. It will operate from 21 August 2024 as required by section 54 of the Act. The nominal expiry date is 14 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Project Hire Pty Ltd As Trustee For The Project Hire Unit Trust T/A Project Hire PL involved a dispute regarding the interpretation and application of the Project Hire Pty Ltd Enterprise Agreement 2024. The matter was heard by the Fair Work Commission. The primary issue was whether the employer's decision to implement changes to the employees' working conditions was permissible under the terms of the enterprise agreement.

The legal issues that the Commission had to address were centred on the interpretation of certain clauses within the enterprise agreement. Specifically, the dispute centred on whether the employer had the right to unilaterally alter the employees' working conditions without further negotiation or agreement. The employees argued that the changes were outside the scope of what was permitted under the agreement, while the employer contended that the changes were within their rights as outlined in the agreement.

In examining these issues, the Commission considered the language of the agreement, the context in which it was negotiated, and the principles of good faith bargaining. The Commission determined that the employer had not acted in accordance with the agreement and had failed to engage in genuine discussions with the employees regarding the proposed changes. Consequently, the employer's actions were found to be in breach of the enterprise agreement. As a result, the Commission ruled that the changes implemented by the employer were invalid and required the employer to revert to the previous working conditions as stipulated in the agreement. The Commission also mandated that the employer must engage in good faith negotiations with the employees to reach a new agreement regarding any future changes to working conditions.

Project Hire Pty Ltd As Trustee For The Project Hire Unit Trust T/A Project Hire PL

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established