DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Steve Parker Grader Hire Pty Ltd
(AG2015/563)

STEVE PARKER GRADER HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 MARCH 2015

Application for approval of the Steve Parker Grader Hire Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 March 2015 by Steve Parker Grader Hire Pty Ltd for the approval of a single-enterprise agreement known as the Steve Parker Grader Hire Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Steve Parker Grader Hire Pty Ltd, sought approval of the Steve Parker Grader Hire Pty Ltd Enterprise Agreement 2015 under the Fair Work Act 2009. The respondents, including various trade unions and employee representatives, opposed the application on several grounds. The matter was heard in the Fair Work Commission.

The primary legal issues revolved around whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for minimum entitlements, was free from prohibited content, and had been genuinely agreed upon by the parties. The respondents argued that the agreement failed to meet these criteria due to various provisions, including those relating to penalty rates and dispute resolution mechanisms.

The Fair Work Commission found that while the agreement contained some provisions that did not comply with the Act, these could be severed without distorting the agreement's intent. The Commission concluded that the agreement, once amended, met all the legal requirements for approval. It found that the provisions in question could be removed without fundamentally altering the agreement's purpose, and that the agreement was otherwise compliant.

The Fair Work Commission approved the Steve Parker Grader Hire Pty Ltd Enterprise Agreement 2015, subject to the removal of the non-compliant provisions. The agreement was to be amended accordingly before coming into effect.

Steve Parker Grader 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