DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Poseidon Waterproofing Holdings Pty Ltd
(AG2016/6760)

POSEIDON WATERPROOFING HOLDING PTY LTD (OFF-SITE) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Poseidon Waterproofing Holdings Pty Ltd (Off-Site) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Poseidon Waterproofing Holdings Pty Ltd (Off-Site) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Poseidon Waterproofing Holdings Pty Ltd. 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, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 6 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Poseidon Waterproofing Holdings Pty Ltd recently sought approval for the Poseidon Waterproofing Holdings Pty Ltd (Off-Site) Enterprise Agreement 2016 in the Fair Work Commission. The applicant, Poseidon Waterproofing Holdings, an employer in the waterproofing industry, requested the court's endorsement of this enterprise agreement, which outlines the terms and conditions of employment for its off-site workers.

The legal issues at hand centred on whether the agreement met the statutory requirements set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "better off overall test" (BOOT) compliant, ensuring that employees would be no worse off financially and would gain some form of benefit compared to the applicable awards or previous agreements. Additionally, the court had to verify that the agreement was fairly negotiated and complied with all other relevant provisions of the Act.

The Fair Work Commission found that the Poseidon Waterproofing Holdings Pty Ltd (Off-Site) Enterprise Agreement 2016 met the necessary criteria. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, and it passed the better off overall test. The court was satisfied that the agreement had been fairly negotiated and adhered to all statutory requirements. Consequently, the Commission approved the enterprise agreement, emphasising its compliance with the Fair Work Act 2009.

The final orders of the Fair Work Commission were that the Poseidon Waterproofing Holdings Pty Ltd (Off-Site) Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision, binding both the employer and the employees covered by the agreement.

Poseidon Waterproofing Holdings 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