DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polevine Pty Ltd T/A Permacast
(AG2019/3375)

POLEVINE PTY LTD ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Polevine Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Polevine Pty Ltd Enterprise Agreement 2019 (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 T/A Permacast. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 19 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

Polevine Pty Ltd, trading as Permacast, sought approval for their 2019 Enterprise Agreement from the Fair Work Commission. The dispute centred around the terms of the agreement, particularly those related to employee entitlements and working conditions, which the applicants argued were fair and reasonable, while the respondents contested several provisions as being overly harsh or inadequately protective of employee rights.

The central legal issues the Commission had to address were whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for being a 'better off overall test' (BOOT) agreement. Specifically, the Commission needed to determine if the proposed terms were fair and reasonable in all respects, taking into account the interests of both employees and employers, and whether the agreement provided for a safety net of minimum entitlements.

The Commission examined the submissions and evidence from both parties, evaluating the fairness of the proposed terms. It found that, while the agreement contained several provisions that were acceptable, some elements did not adequately protect employee rights and were thus unfair. Consequently, the Commission made several amendments to the agreement to ensure compliance with the Act and to address the concerns of the respondents. The modified agreement was ultimately approved, reflecting a balance between the interests of the parties and the statutory requirements.

The final orders included the approval of the amended Enterprise Agreement, with specific modifications to certain clauses to ensure they were fair and reasonable. The agreement, as amended, was to be implemented, providing a fair safety net of minimum entitlements for the employees while allowing for efficient business operations.

Polevine Pty Ltd 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