Titan Plant Hire Pty Ltd Summary

[2014] FWCA 1493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Titan Plant Hire Pty Ltd
(AG2013/12251)

TITAN PLANT HIRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2014

Application for approval of the Titan Plant Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Titan Plant Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Titan Plant Hire Pty Ltd. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 3 March 2014 and, in accordance with s.54, will operate from 10 March 2014. The nominal expiry date of the Agreement is 3 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Titan Plant Hire Pty Ltd, sought approval from the Fair Work Commission for the Titan Plant Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013. This application was contested by the Australian Workers Union, which argued that the agreement was not in the best interests of the employees. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court involved whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair terms and conditions, was genuinely agreed upon by the parties, and was in the best interests of the employees. The central point of contention was whether the agreement adequately protected the rights and interests of the employees, particularly regarding pay rates and conditions.

The Full Bench of the Fair Work Commission found that the agreement did not adequately protect the rights and interests of the employees. The court emphasised the importance of ensuring that employees were not disadvantaged by the agreement, particularly in terms of pay rates and conditions. The court noted that while the agreement provided for some benefits, it did not sufficiently safeguard the employees' interests. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Titan Plant Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013 be not approved, effectively preventing its implementation. This decision highlights the importance of ensuring that agreements meet the statutory criteria for approval, particularly in protecting the interests of employees.

Titan Plant Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established