DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TEST & POLY PTY LTD
(AG2015/1061)

TEST & POLY PTY LTD ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 MAY 2015

Application for approval of the TEST & POLY PTY LTD ENTERPRISE AGREEMENT 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 May 2015 by Test & Poly Pty Ltd for the approval of a single-enterprise agreement known as the TEST & POLY PTY LTD ENTERPRISE AGREEMENT 2015-2018(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, TEST & POLY PTY LTD, sought approval of an enterprise agreement with their employees. The dispute arose under the Fair Work Act 2009, and the decision was made by the Fair Work Commission. The applicants aimed to formalise terms and conditions of employment for their workforce through this agreement.

The legal issues before the Commission involved assessing whether the enterprise agreement met the statutory requirements under the Fair Work Act. Key considerations included whether the agreement had been made in good faith, if it contained the mandated minimum terms and conditions, and if it was fair and reasonable in all its aspects. The Commission also had to determine if the agreement appropriately balanced the interests of the employer and employees.

In its decision, the Commission determined that the enterprise agreement was made in good faith and contained all the required minimum terms. The Commission found that the agreement was fair and reasonable, taking into account the economic circumstances and the specific needs of the parties involved. The balance struck between the employer's needs and the employees' rights was deemed appropriate. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the TEST & POLY PTY LTD ENTERPRISE AGREEMENT 2015-2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would apply to the relevant employees as per the provisions outlined in the agreement.

TEST & POLY 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