Polyaire Pty Ltd T/A Polyaire Air Conditioning Products Summary

[2014] FWCA 6355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polyaire Pty Ltd T/A Polyaire Air Conditioning Products
(AG2014/8623)

POLYAIRE SHEET METAL & PROCESS WORKERS WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 OCTOBER 2014

Application for approval of the Polyaire Sheet Metal & Process Workers Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Polyaire Sheet Metal & Process Workers Workplace Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Polyaire Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 14 August 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 October 2014. The nominal expiry date of the Agreement is 9 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polyaire Pty Ltd, trading as Polyaire Air Conditioning Products, applied to the Fair Work Commission for approval of the Polyaire Sheet Metal & Process Workers Workplace Agreement 2014. The dispute involved the terms and conditions of employment for sheet metal and process workers within the company. The Commission was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. This included whether the agreement was in writing, covered a workplace agreement, and did not contravene any provisions of the Fair Work Act. Further, the Commission considered if the agreement had been made in good faith and whether it provided for the proper operation of the business.

The Commission found that the agreement complied with the necessary statutory requirements. It was in writing, covered a workplace agreement, and did not contravene any provisions of the Fair Work Act. Additionally, the evidence presented indicated that the agreement had been made in good faith and provided for the proper operation of the business. As such, the application for approval of the agreement was successful.

Consequently, the Fair Work Commission approved the Polyaire Sheet Metal & Process Workers Workplace Agreement 2014, effective from the date of the decision. The agreement is now legally binding on the parties involved and sets the terms and conditions of employment for the specified workforce.

Polyaire Pty Ltd T/A Polyaire Air Conditioning Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established