State Plant Hire Pty Ltd

[2021] FWCA 3239

[2021] FWCA 3239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Plant Hire Pty Ltd
(AG2021/5245)

STATE PLANT HIRE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 JUNE 2021

Application for approval of the State Plant Hire Enterprise Agreement.

[1] State Plant Hire Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the State Plant Hire Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Travis Mills as an employee bargaining representative for the Agreement. Travis Mills has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[5] I observe that clause 24 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 4 June 2021 and, in accordance with s 54, will operate from 11 June 2021. The nominal expiry date of the Agreement is 1 April 2025.

DEPUTY PRESIDENT

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Annexure A