Polyseal Waterproofing Australia Pty Limited

Polyseal Waterproofing Australia Pty Limited applied to the Fair Work Commission for the termination of the Polyseal Waterproofing Australia Pty Ltd Enterprise Agreement 2012. The application was made on the basis that there had been a significant change in circumstances since the agreement was entered into, which had made the agreement unsustainable. The nature of the dispute involved the interpretation of the relevant statutory provisions concerning the termination of an enterprise agreement due to significant changes in circumstances, as well as the application of these provisions to the specific facts of this case.

The legal issues before the court included whether the changes in the external environment, such as changes in the labour market, economic conditions, and industry standards, were significant enough to constitute a change in circumstances warranting the termination of the enterprise agreement. Additionally, the court had to consider whether the changes in circumstances were beyond the control of the parties and whether the changes had a direct impact on the agreement's terms and conditions.

The Fair Work Commission found that the changes in the external environment, including the significant decline in the demand for waterproofing services and the changes in the labour market, did amount to a significant change in circumstances. The Commission held that these changes were beyond the control of the parties and had a direct impact on the agreement's terms and conditions, rendering the agreement unsustainable. Therefore, the Commission terminated the enterprise agreement, effective from the date of the decision.

The Commission's final orders included the termination of the Polyseal Waterproofing Australia Pty Ltd Enterprise Agreement 2012 and the direction that the parties must commence bargaining in good faith to negotiate a new enterprise agreement. The decision highlighted the importance of regularly reviewing and updating enterprise agreements to ensure they remain relevant and sustainable in a changing business environment.