Wright's Plant Hire Pty Ltd

[2013] FWCA 77

FAIR WORK COMMISSION

DECISION

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

Wright's Plant Hire Pty Ltd
(AG2012/13067)

WRIGHT'S PLANT HIRE PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 FEBRUARY 2013

Application for approval of the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 December 2012 by Wright's Plant Hire Pty Ltd for the approval of a single-enterprise agreement known as the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012 (“the Agreement”).

[2] On 4 February 2013, the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wright's Plant Hire Pty Ltd applied to the Fair Work Commission for approval of the Civil Construction Enterprise Agreement 2012. The application was contested by the Australian Workers' Union, which argued that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009 because it contained terms that were not fair and bargain. The nature of the dispute was the interpretation and application of the Fair Work Act, specifically focusing on the criteria for approving an enterprise agreement.

The legal issues before the commission involved determining whether the contested terms of the agreement were fair and bargain and whether they complied with the procedural requirements of the Fair Work Act. The commission needed to assess whether the agreement met the standards of good faith bargaining and whether it provided for fair and reasonable terms and conditions for employees. The union argued that certain provisions, including those relating to penalty rates and overtime, were not fair and bargain and did not reflect the true outcome of genuine negotiations.

The Fair Work Commission found that the agreement contained terms that did not meet the criteria for being fair and bargain. The commission held that the contested provisions did not reflect the outcome of genuine negotiations and were not reasonable in the circumstances. The commission also found procedural flaws in the bargaining process that led to the agreement. Consequently, the commission refused to approve the enterprise agreement. The commission's decision was based on the evidence presented and the statutory requirements of the Fair Work Act.

The Fair Work Commission ordered that the application for approval of the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2012 be refused. The commission's decision was based on the findings that the agreement contained terms that were not fair and bargain and did not comply with the procedural requirements of the Fair Work Act. The decision was made in accordance with the legal principles established by the Fair Work Act and relevant case law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established