DECISION

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

Trylow Plant Hire Pty Ltd
(AG2015/1246)

TRYLOW PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2015

Application for approval of the Trylow Plant Hire Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known asthe Trylow Plant Hire Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trylow Plant Hire Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Trylow Plant Hire Pty Ltd, the Fair Work Commission was called upon to decide the application for the approval of the Trylow Plant Hire Pty Ltd Enterprise Agreement 2015-2019. The dispute arose between Trylow Plant Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The applicant sought approval for the enterprise agreement, which was intended to govern the employment conditions of the union's members who were employees of the respondent.

The primary legal issues before the court involved the fairness and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The court needed to assess whether the agreement met the requirements of the Act, particularly concerning the coverage of the agreement, the bargaining process, and the substantive terms of the agreement. The court also needed to consider whether the agreement was in the best interests of the employees and whether it adhered to the principles of good faith bargaining.

Upon examining the evidence presented by both parties, the court concluded that the enterprise agreement was fair and compliant with the relevant legislation. The court noted that the agreement was the product of a genuine and meaningful bargaining process and that it contained terms that were reasonable in all the circumstances. The court was satisfied that the agreement would provide employees with appropriate protections and benefits, and it was in their best interests. Consequently, the court approved the application for the agreement's registration.

The final orders of the court were that the Trylow Plant Hire Pty Ltd Enterprise Agreement 2015-2019 be registered and that it would take effect from the date of the decision. The court also directed that the agreement be published in the relevant manner and that it would remain in force until the next scheduled review or termination, as stipulated within the agreement itself.

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