DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wright’s Plant Hire Pty Ltd
(AG2015/6090)

WRIGHT’S PLANT HIRE PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the Wright’s Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 16 November 2015 and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wright’s Plant Hire Pty Ltd was the subject of an application before the Fair Work Commission to approve the Wright’s Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015. The application arose from negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The company sought to implement the agreement as a basis for the terms and conditions of employment for its workforce.

The primary legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009, including whether it contained all the mandated minimum entitlements and whether it had been fairly negotiated. Additionally, the Commission considered whether the agreement complied with the good faith bargaining requirements and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement satisfied all formal requirements for approval, including the inclusion of mandated minimum entitlements. The Commission noted that the agreement had been negotiated in good faith and was in the best interests of the employees. The Commission also determined that the agreement provided for fair and reasonable terms and conditions of employment for the workforce. Consequently, the application for approval was successful.

The Fair Work Commission approved the Wright’s Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015, effective from the date of the decision. The agreement was registered, and the terms and conditions outlined therein became applicable to the employees of Wright’s Plant Hire Pty Ltd.

Wright’s 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