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

[2024] FWCA 3091

[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

1. 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

1. 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

1. 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

1. 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.

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

1. 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

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Annexure A