Aquatech Trust T/A Neptune Swimming Pools Pty Ltd Summary

[2023] FWCA 1197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aquatech Trust T/A Neptune Swimming Pools Pty Ltd

(AG2023/1103)

NEPTUNE SWIMMING POOLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 APRIL 2023

Application for approval of the Neptune Swimming Pools Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Neptune Swimming Pools Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aquatech Trust T/A Neptune Swimming Pools Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Aquatech Trust T/A Neptune Swimming Pools Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between the company and the CFMEU (Victorian Construction and General Division). The agreement, spanning from 2020 to 2023, was brought before the Commission following the parties' negotiation but required formal endorsement to be legally binding. The application for approval arose from the necessity to ensure that the terms and conditions set out in the agreement were in compliance with the Fair Work Act 2009 and met the requirements for a certified agreement.

The central legal issues before the Commission involved whether the agreement contained all necessary minimum terms, whether it was made in good faith, and whether it provided for a fair and efficient workplace. Specifically, the Commission had to consider the provisions regarding wages, conditions of employment, and the dispute resolution mechanisms outlined in the agreement. Furthermore, the Commission examined whether the agreement adhered to the principles of procedural fairness and the rights of employees to be consulted and informed.

Upon review, the Fair Work Commission found that the enterprise agreement contained all the required minimum terms and was made in good faith. The Commission concluded that the agreement provided for fair and efficient workplace arrangements, including adequate wage provisions and reasonable conditions of employment. Additionally, the dispute resolution mechanisms were deemed appropriate, ensuring that any potential issues could be addressed effectively. The Commission was satisfied that the process followed adhered to procedural fairness and that employees' rights to consultation and information were respected.

The Fair Work Commission approved the enterprise agreement, enabling it to be legally binding from the specified period. This decision affirmed the negotiated terms between the company and the union, providing certainty and stability in their industrial relations framework. The approval ensures that both parties can rely on the agreed terms for the duration of the agreement.

Aquatech Trust T/A Neptune Swimming Pools Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established