DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sniffers Plant Hire Pty Ltd t/a Sniffers
(AG2016/3677)

SNIFFERS PLANT HIRE PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Sniffers Plant Hire Pty Ltd Single 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 Sniffers Plant Hire Pty Ltd t/a Sniffers. The Agreement is a single enterprise agreement.

[2] The Applicant 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 was approved on 16 August 2016 and, in accordance with s.54, will operate from 23 August 2016. The nominal expiry date of the Agreement is 16 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Sniffers Plant Hire Pty Ltd trading as Sniffers, the Fair Work Commission was asked to approve the Single Enterprise Agreement 2016. The applicant, Sniffers, sought the approval under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement, which was to be applied to the employees of Sniffers. The legal issues that the Commission had to resolve were whether the agreement met the criteria for approval as set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any unlawful provisions.

The Commission examined the agreement to determine if it provided adequate protections and entitlements for the employees. It assessed whether the agreement was negotiated in good faith and whether it was consistent with the principles of the Fair Work Act. The Commission considered the arguments presented by both Sniffers and the representatives of the employees, evaluating the terms of the agreement against the statutory benchmarks for pay and conditions. After reviewing the submissions and evidence, the Commission concluded that the agreement was fair and reasonable and did not contain any unlawful content.

As a result, the Fair Work Commission approved the Sniffers Plant Hire Pty Ltd Single Enterprise Agreement 2016. The approval was based on the Commission's finding that the agreement met the statutory requirements for fairness and reasonableness, and was free from any unlawful provisions. The agreement was deemed to provide for appropriate terms and conditions of employment for the employees of Sniffers, and thus, the Commission granted the approval sought by the applicant.

Sniffers Plant Hire Pty Ltd t/a Sniffers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established