Western Plant Hire (WA) Pty Ltd T/A WPH Plant Hire Crushing Services

[2014] FWCA 7274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Plant Hire (WA) Pty Ltd T/A WPH Plant Hire Crushing Services
(AG2014/8911)

WPH PLANT HIRE CRUSHING SERVICES ENTERPRISE AGREEMENT 2014-2018

Mining industry
COMMISSIONER WILLIAMS	PERTH, 17 OCTOBER 2014

Application for approval of the WPH Plant Hire Crushing Services Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the WPH Plant Hire Crushing Services Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Plant Hire (WA) Pty Ltd T/A WPH Plant Hire Crushing Services. 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 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 24 October 2014. The nominal expiry date of the Agreement is 17 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Western Plant Hire (WA) Pty Ltd T/A WPH Plant Hire Crushing Services applied to the Fair Work Commission for the approval of the WPH Plant Hire Crushing Services Enterprise Agreement 2014-2018. The applicant sought to have the agreement approved by the Commission as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement contained provisions that were necessary to ensure the efficient and effective operation of the business and to maintain fair and reasonable terms of employment for its employees.

The Commission was required to determine whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations. In particular, the Commission had to consider whether the agreement provided for a modern award or safety net award minimum rate of pay, whether it contained unfair provisions, and whether it complied with the general protection provisions of the Act. The Commission also had to consider whether the agreement was made in good faith and whether it was in the best interests of the employees.

The Commission found that the agreement met all the requirements of the Fair Work Act and the Fair Work Regulations. The agreement provided for a modern award or safety net award minimum rate of pay, did not contain any unfair provisions, and complied with the general protection provisions of the Act. The Commission was satisfied that the agreement was made in good faith and was in the best interests of the employees. Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the WPH Plant Hire Crushing Services Enterprise Agreement 2014-2018 as a registered agreement under the Fair Work Act 2009. The agreement will now be in force from the date of registration and will apply to all employees covered by the agreement. The approval of the agreement ensures that the employees will receive fair and reasonable terms of employment and that the business can operate efficiently and effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established