Van Damme Plant Hire Pty Ltd

[2018] FWCA 4671

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Van Damme Plant Hire Pty Ltd

(AG2018/1133)

Van Damme Plant Hire Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 9 AUGUST 2018

Application for approval of the Van Damme Plant Hire Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Van Damme Plant Hire Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Van Damme Plant Hire Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 8 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Van Damme Plant Hire Pty Ltd was the applicant in an application for approval of the Van Damme Plant Hire Pty Ltd Enterprise Agreement 2018. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for workers in the plant hire industry, particularly those employed by Van Damme Plant Hire Pty Ltd.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the minimum entitlements as per the Act, and whether it was fair and reasonable in the circumstances. The Commission also had to consider submissions from relevant parties, including the applicant, the employees, and any other stakeholders who had an interest in the agreement.

The Commission examined the evidence and submissions provided by the parties. It found that the agreement was made in good faith and contained all the required minimum entitlements. The Commission also concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission approved the Enterprise Agreement, highlighting the importance of maintaining a fair and balanced relationship between employers and employees in the plant hire industry.

The Commission ordered the approval of the Van Damme Plant Hire Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant workers until a new agreement was made or until the agreement was terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established