DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trylow Plant Hire Pty Ltd
(AG2020/267)

TRYLOW PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 FEBRUARY 2020

Application for approval of the Trylow Plant Hire Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Trylow Plant Hire Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trylow Plant Hire Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 27 February 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Trylow Plant Hire Pty Ltd sought approval for the Trylow Plant Hire Pty Ltd Enterprise Agreement 2020 - 2024. The dispute centred around the terms of the proposed agreement which the respondent, the Australian Manufacturing Workers' Union, contested on behalf of the employees. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval.

The primary legal issues the Commission considered were whether the agreement complied with the Fair Work Act 2009 and whether it had been made in good faith and without coercion. Key points of contention included provisions related to pay rates, hours of work, and redundancy entitlements. The Commission also examined whether the agreement had been appropriately negotiated and whether it provided for proper dispute resolution mechanisms.

The Commission found that while the agreement generally met the requirements of the Act, certain provisions needed amendment to ensure compliance. Specifically, the Commission identified issues with the wording of some clauses which could potentially lead to confusion or unfair application. After receiving submissions from both parties and making necessary amendments, the Commission approved the agreement with the modified provisions. This decision ensured that the agreement would support fair and effective workplace practices.

The final orders included the approval of the enterprise agreement with the specified amendments, ensuring that it met all statutory requirements and provided for the fair treatment of employees. The Commission mandated that the changes be communicated to all relevant parties and implemented accordingly.

Trylow 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