DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polevine Pty Ltd as trustee for the Permacast Unit Trust T/A PERMAcast
(AG2015/999)

PERMACAST ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MAY 2015

Application for approval of the PERMAcast Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PERMAcast 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 Polevine Pty Ltd as trustee for the Permacast Unit Trust t/a PERMAcast. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 13 May 2015 and, in accordance with s.54, will operate from 20 May 2015. The nominal expiry date of the Agreement is 13 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Polevine Pty Ltd, as trustee for the Permacast Unit Trust, trading as PERMAcast, filed an application for the approval of the PERMAcast Enterprise Agreement 2015. The application was heard in the Fair Work Commission, where the dispute centred around the proposed terms and conditions of employment set out in the agreement. The primary issue before the Commission was whether the terms and conditions of the proposed agreement met the legal requirements for approval, including fairness and compliance with the relevant legislative framework.

The legal issues included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory criteria for approval under the Fair Work Act 2009. The Commission examined the provisions of the agreement to ensure they were fair and reasonable, considering factors such as the nature of the work, the bargaining power of the parties, and the overall economic climate. The Commission also considered submissions from both the employer and the employees' representatives regarding the fairness and suitability of the proposed terms.

The Fair Work Commission, after reviewing the evidence and submissions, found that the proposed agreement met the statutory criteria for approval. The Commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the bargaining parties and the overall economic environment. The Commission approved the PERMAcast Enterprise Agreement 2015, thereby resolving the dispute in favour of the employer. The decision was made based on a comprehensive analysis of the agreement's provisions and the parties' submissions.

Polevine Pty Ltd as trustee for the Permacast Unit Trust T/A PERMAcast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established