Commercial Aquatics Australia (WA) Pty Ltd t/a Commercial Aquatics Australia

[2016] FWCA 3227

[2016] FWCA 3227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commercial Aquatics Australia (WA) Pty Ltd t/a Commercial Aquatics Australia
(AG2016/940)

COMMERCIAL AQUATICS AUSTRALIA PTY LTD AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of the Commercial Aquatics Australia Pty Ltd Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Commercial Aquatics Australia Pty Ltd Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commercial Aquatics Australia (WA) Pty Ltd t/a Commercial Aquatics Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 23 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE419046  PR580616>

Annexure A