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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

State Plant Hire Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the State Plant Hire Enterprise Agreement. The dispute involved the terms and conditions of employment for workers within the company. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission included whether the agreement complied with the procedural requirements of the Act, including the provision of relevant information to the parties involved, and whether the agreement contained the minimum entitlements as stipulated by the Act. Additionally, the Commission had to assess whether the agreement was fair and balanced, considering the interests of both the employer and the employees.

In delivering its decision, the Commission found that the agreement was procedurally sound and contained all the necessary information required by the Act. The Commission concluded that the agreement met the minimum standards set by the Act and was fair and balanced. The Commission approved the agreement, finding that it was in the best interests of the employees, given the specific circumstances of the enterprise and the bargaining positions of the parties. The approval of the agreement ensures that the terms and conditions of employment for workers within the company are legally binding and recognised by the Commission.

State Plant Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established