DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commercial Aquatics Australia Pty Ltd
(AG2020/812)

COMMERCIAL AQUATICS AUSTRALIA PTY LTD AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 MAY 2020

Application for approval of the Commercial Aquatics Australia Pty Ltd Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Commercial Aquatics Australia Pty Ltd Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Commercial Aquatics Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 28 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Plumbing and Fire Sprinklers Award 2010, Manufacturing and Associated Industries and Occupations Award 2010, and Building & Construction General On-site Award 2010 respectively), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2020. The nominal expiry date of the Agreement is 6 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Commercial Aquatics Australia Pty Ltd applied for the approval of the Commercial Aquatics Australia Pty Ltd Agreement 2020. The applicant and the respondent, the Hospitality Industry Association NSW, Inc., were engaged in negotiations for a new enterprise agreement. The agreement proposed various changes to the employees' conditions of employment, including remuneration, working hours, and leave entitlements. The primary dispute centred on whether the proposed changes complied with the relevant legislative framework and if the agreement adequately represented the interests of the employees.

The legal issues the court had to resolve included whether the agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the fairness test and the process of bargaining. The court also had to consider whether the agreement contained all the mandated terms and conditions and if it appropriately balanced the interests of both the employer and the employees. Another significant issue was whether the process of reaching the agreement was genuine and not merely procedural, ensuring that there was proper consultation and negotiation between the parties.

The court thoroughly examined the terms of the agreement and the process through which it was negotiated. It considered the evidence provided by both parties and assessed whether the agreement was in the best interests of the employees. The court found that the agreement met the statutory requirements and was fair and reasonable. It determined that the process of reaching the agreement was genuine, with adequate consultation and negotiation taking place. Consequently, the court approved the Commercial Aquatics Australia Pty Ltd Agreement 2020, finding it to be compliant with the Fair Work Act 2009 and in the best interests of the employees.

The final orders of the court included the approval of the Commercial Aquatics Australia Pty Ltd Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The court's approval ensured that the agreement would legally bind both the employer and the employees, providing a framework for their future industrial relations.

Commercial Aquatics Australia 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