DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polyseal Engineering Services Pty Ltd
(AG2015/2467)

POLYSEAL ENGINEERING SERVICES PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 APRIL 2015

Application for approval of the Polyseal Engineering Services Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Engineering Services Pty Ltd Employee 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 Polyseal Engineering Services Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 27 April 2015 and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 26 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polyseal Engineering Services Pty Ltd applied for the approval of the Employee Enterprise Agreement 2015, which was to apply to its employees who were covered by the Engineering, Printing and Manufacturing Union. The respondents, the union and certain employees, opposed the application on the basis that the proposed agreement did not meet the "better off overall test" and contained provisions that were contrary to the public interest. The application was heard in the Fair Work Commission, which was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the proposed enterprise agreement met the "better off overall test" under section 235 of the Fair Work Act. This test requires that the agreement must not lead to a reduction in the overall pay and conditions of the employees covered by the agreement, when compared to their existing entitlements. The Commission also needed to consider whether any provisions of the agreement were contrary to the public interest, as per section 236 of the Act.

The Fair Work Commission found that the proposed agreement did meet the better off overall test. It concluded that the agreement provided for a range of benefits to employees, including higher rates of pay, improvements to leave entitlements and the introduction of a performance review process. The Commission determined that these benefits outweighed any potential disadvantages, such as the removal of certain allowances and the introduction of new working arrangements. The Commission also found that none of the provisions of the agreement were contrary to the public interest. Consequently, it approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Employee Enterprise Agreement 2015 to be registered, effective from the date of the decision. The agreement is now a legally binding contract between Polyseal Engineering Services Pty Ltd and the union, and applies to the employees covered by the agreement.

Polyseal Engineering Services 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