Commercial Aquatics Australia (WA) Pty Ltd T/A Commercial Aquatics Australia

[2024] FWCA 3091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commercial Aquatics Australia (WA) Pty Ltd T/A Commercial Aquatics Australia

(AG2024/2908)

COMMERCIAL AQUATICS AUSTRALIA (WA) PTY LTD ENTERPRISE AGREEMENT 2024

Building services
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 AUGUST 2024

Application for approval of the Commercial Aquatics Australia (WA) Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Commercial Aquatics Australia (WA) Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Commercial Aquatics Australia (WA) Pty Ltd Trading As Commercial Aquatics Australia (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 August 2024. 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 Manufacturing and Associated Industries and Occupations Award 2020 and the Plumbing and Fire Sprinklers Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2024. The nominal expiry date of the Agreement is 23 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Commercial Aquatics Australia (WA) Pty Ltd, trading as Commercial Aquatics Australia, sought approval for the Commercial Aquatics Australia (WA) Pty Ltd Enterprise Agreement 2024. The application was brought before the Fair Work Commission to ensure the agreement complied with the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement, which the company aimed to implement for its employees.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under section 231 of the Fair Work Act. This required examining if the agreement provided for the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, and other terms and conditions of employment. The Commission also had to determine if the agreement had been made in accordance with the procedural requirements set out in the Act.

The Fair Work Commission considered the submissions from both parties, assessing whether the proposed agreement provided for fair and reasonable terms and conditions. The Commission found that the agreement sufficiently addressed the prescribed matters and was made in compliance with the procedural requirements of the Act. It was also noted that the agreement had been negotiated in good faith, with appropriate consultation with the employees' representatives. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission ordered the approval of the Commercial Aquatics Australia (WA) Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. This decision ensures that the terms and conditions of employment as outlined in the agreement are now legally binding for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established