Petar Zlatar Partitions Pty Ltd Summary

[2018] FWCA 4657

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Petar Zlatar Partitions Pty Ltd

(AG2018/3187)

Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2018 - 2022

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

Application for approval of the Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2018 - 2022.

An application has been made for approval of an enterprise agreement known as the Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petar Zlatar Partitions Pty Ltd. The Agreement is a single enterprise agreement.

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 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

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CaseChat Overview and Summary

The applicant, Petar Zlatar Partitions Pty Ltd, applied to the Fair Work Commission for the approval of the Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2018 - 2022. The applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were unable to reach a consensus on the terms of the enterprise agreement. The dispute was brought before the Fair Work Commission to resolve the impasse and to ensure compliance with the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement was in accordance with the Fair Work Act 2009, specifically whether it complied with the "better off overall test" (BOOT) as outlined in section 230 of the Act. This test required that employees be no worse off financially and, in some cases, better off overall as a result of the agreement. The court needed to determine whether the proposed agreement met these criteria.

The court examined the evidence presented by both parties, including submissions on the BOOT, and considered the terms of the proposed agreement. The court found that the agreement did not meet the BOOT, as it did not provide for a sufficient increase in wages and conditions for the employees. The court noted that the proposed agreement did not offer any real improvement in pay and conditions for the majority of the workforce, and therefore, did not meet the requirements of the Act. As a result, the court rejected the application for approval of the enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2018 - 2022 be dismissed. The court found that the proposed agreement did not comply with the better off overall test as required by the Fair Work Act 2009, and therefore, the agreement could not be approved. The court's decision was based on the evidence presented and the legal criteria set out in the Act.

Petar Zlatar Partitions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established