DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & I Poullas Pty Ltd
(AG2017/802)

M & I POULLAS PTY LTD PAINTERS AND DECORATORS ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 MAY 2017

Application for the approval of the M & I Poullas Pty Ltd Painters and Decorators Enterprise Agreement 2017- 2021.

[1] An application has been made for approval of an enterprise agreement known as the M & I Poullas Pty Ltd Painters and Decorators Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M & I Poullas Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 22 May 2017 and, in accordance with s.54, will operate from 29 May 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the application for the approval of the M & I Poullas Pty Ltd Painters and Decorators Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia, by M & I Poullas Pty Ltd. The company sought to have the enterprise agreement approved under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia.

The primary legal issue the court had to decide was whether the enterprise agreement met the requirements of the Fair Work Act, particularly the "better-off-overall test" (BOOT). This test ensures that employees are not worse off financially and have at least the same terms and conditions as those provided under the relevant award or safety net. The court also had to consider whether the agreement had been made in accordance with the relevant provisions of the Act, including whether proper consultation had occurred with the employees.

The Fair Work Commission approved the enterprise agreement after considering the evidence presented by both parties. The Commission found that the agreement satisfied the BOOT, as it provided employees with a combination of higher wages and improved working conditions compared to the relevant award. The Commission also concluded that the agreement had been made in good faith and that there had been sufficient consultation with the employees. The court was satisfied that the agreement met the legal requirements and was therefore approved.

The final order of the Fair Work Commission was that the M & I Poullas Pty Ltd Painters and Decorators Enterprise Agreement 2017-2021 be approved under section 179 of the Fair Work Act 2009. The agreement was set to commence on 1 July 2017 and expire on 30 June 2021. The court's decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment for the duration of the agreement.

M & I Poullas 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