DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The trustee for Platinum Plant & Equipment Unit Trust T/A Platinum Plant & Equipment Hire
(AG2018/2658)

PLATINUM PLANT AND EQUIPMENT HIRE ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Platinum Plant and Equipment Hire Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Plant and Equipment Hire Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The trustee for Platinum Plant & Equipment Unit Trust T/A Platinum Plant & Equipment Hire. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the trustee for Platinum Plant & Equipment Unit Trust, which operates under the trading name Platinum Plant & Equipment Hire, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the application for the approval of the Enterprise Agreement 2017-2021, which was to be approved under the Fair Work Act 2009. The case was heard by the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the Commission centred on whether the Enterprise Agreement met the criteria for approval as stipulated by the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the proper classification of employees, provided fair and reasonable terms and conditions, and ensured that the agreement was free from any unfair discrimination. Additionally, the Commission had to assess whether the agreement was made in good faith and if it was covered by a certified agreement or a lawful industrial instrument.

In its decision, the Fair Work Commission held that the Enterprise Agreement met the necessary criteria for approval. The Commission found that the agreement appropriately classified employees, provided fair and reasonable terms, and did not include any discriminatory provisions. Furthermore, the Commission determined that the agreement was made in good faith and was consistent with the provisions of the Fair Work Act. The Commission took into account the submissions from both parties and the broader context of the enterprise bargaining process in reaching its decision.

The Fair Work Commission approved the Enterprise Agreement 2017-2021, effective from 1 July 2017, and registered it under the Fair Work Act. The approval was contingent on the agreement being implemented in accordance with the Act and any other applicable laws. This decision provided clarity and certainty to both the employer and the employees regarding their rights and obligations under the agreement.

The trustee for Platinum Plant & Equipment Unit Trust T/A Platinum Plant & Equipment Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established