DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preservation Technologies Pty Ltd
(AG2017/2444)

PRESERVATION TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 AUGUST 2017

Application for approval of the Preservation Technologies Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Preservation Technologies Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Preservation Technologies Pty Ltd. 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 10 August 2017. The nominal expiry date of the Agreement is 2 August 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Preservation Technologies Pty Ltd, the applicant, who sought approval for the Preservation Technologies Pty Ltd Enterprise Agreement 2017-2021. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues were whether the agreement adhered to the requirements set out in the Fair Work Act and if it provided for fair and reasonable terms and conditions of employment. This included examining whether the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or not genuinely agreed upon by the parties. Additionally, the court had to consider whether the agreement included provisions that were inconsistent with the Fair Work Act or the National Employment Standards.

The Fair Work Commission assessed the agreement in detail, considering the submissions from both parties and relevant legislative provisions. The Commission found that the agreement generally met the statutory requirements for approval, including the better off overall test. However, certain provisions were found to be contrary to public policy, specifically those that allowed for the unilateral termination of employment without just cause or for extended periods of unpaid leave. These provisions were deemed invalid under the Fair Work Act. The Commission ultimately approved the agreement with these invalid provisions removed, ensuring that the remaining terms and conditions were fair and reasonable.

The Fair Work Commission approved the Preservation Technologies Pty Ltd Enterprise Agreement 2017-2021 with the invalid provisions excluded. The decision was made in accordance with the Fair Work Act, ensuring that the approved agreement met the legislative requirements and provided for fair and reasonable terms and conditions of employment.

Preservation Technologies 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