Rabco Plant Hire Pty Ltd

[2016] FWCA 2165

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rabco Plant Hire Pty Ltd

(AG2016/596)

RABCO PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 6 APRIL 2016

Application for approval of the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Rabco Plant Hire Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rabco Plant

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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 6 April 2016 and, in accordance with s.54, will

operate from 13 April 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rabco Plant Hire Pty Ltd applied for the approval of the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016, under section 185 of the Fair Work Act 2009. The application was made by the employer, Rabco Plant Hire Pty Ltd, and the enterprise agreement in question was the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016. The agreement was intended to be a single enterprise agreement covering the employees of the company.

The primary legal issues before the court were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, and whether the group of employees covered by the agreement was fairly chosen. The court was required to determine if the agreement met the necessary criteria for approval, including whether it covered all employees of the employer or if the group of employees covered was fairly chosen. The court also needed to confirm that the agreement would operate from 13 April 2016, and that its nominal expiry date was 30 June 2019.

The Commissioner determined that the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. The court was satisfied that the agreement did not cover all of the employees of the employer; however, taking into account the factors in Section 186(3) and (3A), the court found that the group of employees covered by the agreement was fairly chosen. The Commissioner approved the agreement on 6 April 2016, and it was set to operate from 13 April 2016, with a nominal expiry date of 30 June 2019.

The court approved the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016, and the agreement will operate from 13 April 2016 until its nominal expiry date of 30 June 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established