DECISION

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

Polaris Marine Pty Ltd
(AG2015/710)

POLARIS MARINE PTY LTD PROJECT ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 10 APRIL 2015

Application for approval of the Polaris Marine Pty Ltd Project Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Polaris Marine Pty Ltd Project 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 Polaris Marine Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 27 March 2015. The application included a Statutory Declaration of Harley Flett made on behalf of the Employer and dated 27 March 2015 (the Declaration). The Declaration stated that the Agreement was made on 27 March 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 April 2015. I note that the Agreement contains a flexibility term at clause 30 and a consultation term at clause 32.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 April 2015. The nominal expiry date of the Agreement as specified in clause 7.2 of the Agreement, is 17 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polaris Marine Pty Ltd applied for approval of the Polaris Marine Pty Ltd Project Enterprise Agreement 2015. The agreement was between the company and the Maritime Union of Australia, as the representative of the employees. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009.

The legal issues for the Commission to decide were whether the agreement was a "registered agreement" under section 173 of the Fair Work Act 2009, whether it was "certified as a single interest employer agreement" under section 178 of the Act, and whether it met the requirements of the "better off overall test" under section 186 of the Act. The Commission also considered whether the agreement complied with the "good faith" bargaining requirement under section 185 of the Act.

The Commission found that the agreement was a registered agreement and was certified as a single interest employer agreement. It met the better off overall test and complied with the good faith bargaining requirement. The agreement was approved, and the Commission certified it as meeting the requirements of the Fair Work Act 2009.

The Commission ordered that the Polaris Marine Pty Ltd Project Enterprise Agreement 2015 be approved and registered, and that it be certified as a single interest employer agreement. The agreement was to be in effect from the date of the decision until 31 July 2020. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

Polaris Marine 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