DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Springfield Asset Pty Ltd as trustee for the Bryan Family Trust T/A Polyfit Fabrication
(AG2017/2449)

POLYFIT CONSTRUCTION & INSTALLATION ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Polyfit Construction & Installation Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Polyfit Construction & Installation 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 Springfield Asset Pty Ltd as trustee for the Bryan Family Trust T/A Polyfit Fabrication. 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 23 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Springfield Asset Pty Ltd as trustee for the Bryan Family Trust, trading as Polyfit Fabrication, applied for approval of the Polyfit Construction & Installation Enterprise Agreement 2017 - 2021. The dispute arose from the application process under the Fair Work Act 2009, where the employer sought to have the enterprise agreement registered by the Commission. The Commission was required to determine whether the agreement met the statutory requirements for approval, including compliance with the provisions of the Fair Work Act.

The central legal issues before the Commission involved assessing whether the enterprise agreement was appropriately made, if it complied with the relevant provisions of the Fair Work Act, and if it provided for fair terms and conditions of employment. The Commission needed to ensure that the agreement contained all mandatory terms, was made in good faith, and did not discriminate against any employee or class of employees. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests, and whether the process by which the agreement was made was fair and transparent.

The Commission found that the Polyfit Construction & Installation Enterprise Agreement 2017 - 2021 met all the statutory requirements for approval. The agreement was made in good faith, contained all mandatory terms, and did not unfairly discriminate against any employees. The Commission was satisfied that the agreement provided for fair terms and conditions of employment and that the process by which it was made was fair and transparent. Consequently, the Commission approved the enterprise agreement, determining that it was fit for registration under the Fair Work Act.

The Fair Work Commission approved the Polyfit Construction & Installation Enterprise Agreement 2017 - 2021, determining that it was fit for registration under the Fair Work Act. The Commission found that the agreement was appropriately made, contained all mandatory terms, and did not unfairly discriminate against any employees. The decision ensures that the terms and conditions of employment are fair and that the process by which the agreement was made was transparent and in good faith.

Springfield Asset Pty Ltd as trustee for the Bryan Family Trust T/A Polyfit Fabrication

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established