DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solution Plant Hire Pty Ltd T/A Solution Plant Hire
(AG2018/1762)

SOLUTION PLANT HIRE PTY LTD SERVICES ENTERPISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 25 SEPTEMBER 2018

Application for approval of the Solution Plant Hire Pty Ltd Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Solution Plant Hire Pty Ltd Services Enterprise 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 Solution Plant Hire Pty Ltd T/A Solution Plant Hire. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2018. The nominal expiry date of the Agreement is 25 September 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Solution Plant Hire Pty Ltd, trading as Solution Plant Hire, applied for the approval of the Solution Plant Hire Pty Ltd Services Enterprise Agreement 2018. The dispute arose in the context of the company's operations within the plant hire services sector, where the agreement sought to establish terms and conditions for the employees' remuneration, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it complied with the Fair Work (Registered Organisations) Act 2009.

The primary legal issues that the Commission had to resolve were whether the agreement provided for the minimum entitlements as stipulated by the Act, and whether it was free from any prohibited content. Specifically, the Commission needed to verify if the agreement contained provisions that were not in the best interest of the employees or that contravened any provisions of the Act. Additionally, the Commission examined if the agreement had been subject to a genuine bargaining process, as mandated by the legislation.

The Commission examined the provisions of the agreement and found that it provided for all the minimum entitlements required by the Fair Work Act. The agreement included provisions for wages, penalty rates, and other employment conditions, which were deemed to be fair and reasonable. The Commission also determined that the agreement did not contain any content that was contrary to the Act or that would otherwise be prohibited. Furthermore, there was evidence presented that the agreement had been genuinely bargained between the applicant and the employees' representatives. Based on these findings, the Commission concluded that the agreement complied with all the necessary legal requirements.

The Fair Work Commission approved the Solution Plant Hire Pty Ltd Services Enterprise Agreement 2018, recognising it as a valid and enforceable agreement between the employer and the employees. This decision provides clarity and legal certainty for both parties moving forward, ensuring that the terms of employment are fair and comply with the relevant legislative framework.

Solution Plant Hire Pty Ltd T/A Solution Plant Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established